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PV HOLDING CORP. v. HANK ROSS MED., P.C.

153793/17. Appeal No. 12279. Case No. 2020-01894.

188 A.D.3d 429 (2020)

135 N.Y.S.3d 376

2020 NY Slip Op 06367

PV Holding Corp. et al, Appellants, v. Hank Ross Medical, P.C., et al., Defendants, and RA Medical Services, P.C., et al., Respondents.

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

Decided November 5, 2020.

Avis, a self-insurer of its rental vehicles, did not establish prima facie entitlement to summary judgment on its claim for declaratory relief as against claimant defendants Emanuel Sumner, Aaron Hutchinson, and Robert Eugene Henry, because it failed to demonstrate that the IMEs were sought before any medical provider claims were filed (cf. Hertz Vehicles, LLC v Alluri, 171 A.D.3d 432 [1st Dept 2019]). Avis acknowledged that there were many claims already submitted...

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