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AMERICAN TR. INS. CO. v. ACOSTA

Index No. 654849/19. Appeal No. 15334. Case No. 2021-02081.

202 A.D.3d 567 (2022)

159 N.Y.S.3d 672

2022 NY Slip Op 01097

American Transit Insurance Company, Respondent, v. Jony Acosta et al., Defendants, and Northside Acupuncture P.C., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 17, 2022.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn (Masksim Leyvi of counsel), for appellants.

Concur—Gische, Mazzarelli, Friedman, Mendez, JJ.

The failure to appear for a properly scheduled medical examination (ME) requested by the insurer "when, and as often as, it may reasonably require is a breach of a condition precedent to coverage under the no-fault policy" and vitiates coverage ab initio (Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 A.D.3d 559, 560 [1st Dept 2011] [internal quotation marks, brackets...

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