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AMERICAN TRANSIT INSURANCE COMPANY v. LONGEVITY MEDICAL SUPPLY, INC.

14682, 154337/13.

131 A.D.3d 841 (2015)

17 N.Y.S.3d 1

2015 NY Slip Op 06761

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. LONGEVITY MEDICAL SUPPLY, INC., Respondent, et al., Defendants.

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

Decided September 15, 2015.

Plaintiff failed to establish prima facie that it was entitled to deny defendant Longevity Medical Supply, Inc.'s claim because Longevity's assignor, defendant Estrella, did not appear for independent medical examinations (IMEs) (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 A.D.3d 559 [1st Dept 2011], lv denied 17 N.Y.3d 705 [2011] [to meet its prima facie burden...

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