Omega Diagnostic Imaging, P.C. v Praetorian Ins. Co., 2016 NY Slip Op 50762(U)(App. Term 1st Dept. 2016)
“[t]he limited record so far developed presents triable issues as to whether the assignor’s failure to appear was excusable” (see IDS Prop. Cas. Ins. Co. v. Stracar Med. Servs., P.C., 116 AD3d 1005, 1007 [2014]). In this regard, defendant’s moving submission, which contains letters from its no-fault examiner and no-fault supervisor acknowledging the assignor’s incarceration, creates rather than eliminates genuine triable issues.”
The EUO should have taken place – if anywhere – at the prison or jail. For what its worth, if someone is incarcerated, they are probably not treating and billing no-fault.
