American Tr. Ins. Co. v Solorzano, 2013 NY Slip Op 05179 (1st Dept. 2013)
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 10, 2013, which denied plaintiff’s motion for summary judgment against defendant New York Spine Specialists (NYSS) and for a default judgment against the non-appearing defendants, and granted NYSS and defendant Advanced Orthopaedics’ motion to dismiss the complaint as against them pursuant to CPLR 3211(a)(4), unanimously modified, on the law, to grant plaintiff’s motion for summary judgment as against NYSS and, upon a search of the record, Advanced, and it is declared that there is no coverage with respect to the injured defendant’s accident under plaintiff’s policy, to deny NYSS and Advanced’s motion to dismiss”
“[Plaintiff] demonstrated its entitlement to summary judgment by submitting competent evidence of the mailing of the notices scheduling the injured defendant’s independent medical examinations and of her failure to appear (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559 [1st Dept 2011], lv denied 17 NY3d 705 [2011]). Under the circumstances, it was an improvident exercise of discretion to dismiss this action because of [*2]two pending Civil Court actions, particularly in favor of Advanced, which had defaulted in this action.”
I can sleep better knowing that Unitrin is not going away anytime soon. From my vantage point, I have an idea of the the bare minimum of the what the Appellate Division requires to be included in mailing and “no-show” affidavits. Tellingly, it is not as much as some of these would like it to be. Also, the non-defaulting Answering Defendant vigorously fought the no-show issue.
3 Responses
Hey Jason,
Were any of those IME no shows with Dr. Katz or Dr. Israel?
Talk about ripping off insurance companies!!! Katz makes one million dollars per year doing 2 minutes exams. He has been referred to the DA for perjury, etc etc. Israel has been banned from doing IMEs by the OPMC.
If you haven’t, read Turkowitz’ blog.
Tsirlmans’s suit is getting more and more interesting.
Just offering another perspective my young friend.
The best part of that transcript is when the insurance company lawyers say they had no idea that IME dr’s lie about how long an IME takes.
what a bunch of poopie!
Ditto. I would use use a different word than poopie but this is a family blog.