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14-306 ALPHA ACUPUNCTURE, P.C., A/A/O QUACEY SMARTT, plf-res, v. HERTZ CLAIM MANAGEMENT CORP., def-app

14-306 ALPHA ACUPUNCTURE, P.C., A/A/O QUACEY SMARTT, plf-res, v. HERTZ CLAIM MANAGEMENT CORP., def-app. — Order (Ruben Franco, J.), entered October 21, 2013, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

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14-306 ALPHA ACUPUNCTURE, P.C., A/A/O QUACEY SMARTT, plf-res, v. HERTZ CLAIM MANAGEMENT CORP., def-app. — Order (Ruben Franco, J.), entered October 21, 2013, reversed, with $10 costs, and defendant’s motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

The defendant insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first party no fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiffs assignor and his counsel, and that the assignor failed to appear (see American Tr. Ins. Co. v. Lucas, 111 AD3d 423 [2013]; American Tr. Ins. Co. v. Solorzano, 108 AD3d 449 [2013]). Contrary to plaintiff’s contention, defendant submitted competent evidence of the assignor’s nonappearance in the form of the sworn affidavits of the scheduled examining chiropractor and an employee of defendant’s third-party IME scheduler attesting to the affiants’ personal knowledge of their office practices and policies when an assignor fails to appear for a scheduled IME (see American Tr. Ins. Co. v. Lucas, 111 AD3d at 424).

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