Psychology After Acc., P.C. v New York Cent. Mut. Fire Ins. Co., 2021 NY Slip Op 51072(U)(App. Term 2d Dept. 2021)
“The proof submitted by defendant was sufficient to demonstrate that plaintiff’s assignors had failed to appear for the IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]; cf. Satya Drug Corp. v Global Liberty Ins. Co. of NY, 65 Misc 3d [*2]127[A], 2019 NY Slip Op 51505[U] [App Term, 1st Dept 2019]), which showing plaintiff failed to rebut”
When someone avers that they were present somewhere and an event did not occur, that is different than laying a business record foundation for the proof that the even did not occur.
