HEREFORD INS. CO. v. LIDA'S MED. SUPPLY, INC.

6428, 156073/16.

161 A.D.3d 442 (2018)

76 N.Y.S.3d 36

2018 NY Slip Op 03226

Hereford Insurance Company, Appellant, v. Lida's Medical Supply, Inc., et al., Respondents, et al., Defendants.

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

Decided May 3, 2018.


Plaintiff's first cause of action is for a declaratory judgment that it did not owe a duty to pay no-fault claims because the underlying claimants failed to appear for independent medical examinations (IMEs). While plaintiff's notice of motion did not specify that it was solely moving for summary judgment on its first cause of action, its attorney's affirmation shows that they were limiting the relief sought to this claim.

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