MRJA RADIOLOGY, P.C., a/a/o JONATHAN SCARLETT, plf-res v. PRAETORIAN INSURANCE COMPANY, def-app

15-221. MRJA RADIOLOGY, P.C., a/a/o JONATHAN SCARLETT, plf-res v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Gerald Lebovits, J.), entered July 17, 2014, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

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15-221. MRJA RADIOLOGY, P.C., a/a/o JONATHAN SCARLETT, plf-res v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Gerald Lebovits, J.), entered July 17, 2014, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant insurer made a prima facie showing of entitlement to summary judgment dismissing the plaintiff-provider’s claim for first party no fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff’s assignor and his attorney, 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 Civil Court’s determination, defendant submitted competent evidence of the assignor’s nonappearance in the form of an affirmation of the scheduled examining physician and a sworn affidavit of an employee of defendant’s third-party IME scheduler, setting forth facts sufficient to demonstrate the affiants’ personal knowledge of the assignor’s repeated failures to appear for the IMEs and the 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; Harmonic Physical Therapy v. Encompass Home and Auto Ins. Co. 47 Misc 3d 146[A], 2015 NY Slip Op 50733[U][App Term, 1st Dept 2015]).

MRJA RADIOLOGY, P.C., a/a/o JONATHAN SCARLETT, plf-res v. PRAETORIAN INSURANCE COMPANY, def-app

15-221. MRJA RADIOLOGY, P.C., a/a/o JONATHAN SCARLETT, plf-res v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Gerald Lebovits, J.), entered July 17, 2014, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

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