AMERICAN TR, INS. CO. v. MELENDEZ

Index No. 654871/19. Appeal No. 15704. Case No. 2021-03413.

204 A.D.3d 461 (2022)

164 N.Y.S.3d 445

2022 NY Slip Op 02356

American Transit Insurance Company, Respondent, v. Louis Melendez et al., Defendants, and Metro Pain Specialists, P.C., et al., Appellants.

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

Decided April 12, 2022.


Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn ( Maksim Leyvi , of counsel) for appellants.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.


Plaintiff insurer failed to make a prima facie showing that it complied with the time frames in scheduling defendant Louis Melendez's independent medical examination (IME) as set forth in the no-fault implementing regulations (see American Tr. Ins. Co. v Acosta, 202 A.D.3d 567 [1st Dept 2022]; American Tr. Ins. Co. v Martinez, 202 A.D.3d 526 [1st Dept 2022]). Plaintiff did not provide evidence as to when it received...

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