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AMERICAN TRANSIT INSURANCE COMPANY v. VANCE

14735, 150498/12.

131 A.D.3d 849 (2015)

17 N.Y.S.3d 631

2015 NY Slip Op 06762

AMERICAN TRANSIT INSURANCE COMPANY, Respondent, v. SHATEAHAH VANCE et al., Defendants, and KHL ACUPUNCTURE, P.C., Appellant.

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 KHL's claim because KHL's assignor, defendant Shateahah Vance, 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 on summary judgment, insurer must establish...

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