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AMERICAN TRANSIT INSURANCE COMPANY v. ADA ALCANTARA

Index No. 650086/19. Appeal No. 15535. Case No. 2021-03040.

203 A.D.3d 535 (2022)

162 N.Y.S.3d 696

2022 NY Slip Op 01871

American Transit Insurance Company, Respondent, v. Ada Alcantara, Defendant, Advanced Ortho & Joint Preservation PC et al., Appellants, and P&D Merchandise Corp. et al., Respondents, et al., Defendants.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn (Maksim Leyvi of counsel), for Metro Pain Specialists PC and Pro Edge Chiropractic PC, appellants.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

Plaintiff insurer failed to establish prima facie that it was entitled to summary judgment based on the insured's failure to appear for an independent medical examination (IME), as its motion papers did not demonstrate that it sustained its burden of showing that it complied with New York State no-fault regulations (11 NYCRR 65-3.5[b], [d]) governing the timeframes for scheduling IMEs (see Hertz Vehicles, LLC v Best Touch PT, P.C., 162 A.D.3d 617<...

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