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HEALTHY WAY ACUPUNCTURE, P.C. A/A/O JORGE TEJEDA, plf-app, v. CLARENDON NATIONAL INS. CO., def-res

16-324. HEALTHY WAY ACUPUNCTURE, P.C. A/A/O JORGE TEJEDA, plf-app, v. CLARENDON NATIONAL INS. CO., def-res — Order (Alexander M. Tisch, J.), entered March 4, 2015, reversed, with $10 costs, and defendant's motion denied.

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16-324. HEALTHY WAY ACUPUNCTURE, P.C. A/A/O JORGE TEJEDA, plf-app, v. CLARENDON NATIONAL INS. CO., def-res — Order (Alexander M. Tisch, J.), entered March 4, 2015, reversed, with $10 costs, and defendant’s motion denied.

Defendant insurer’s motion for summary judgment dismissing the underlying first party no fault action should have been denied, inasmuch as it failed to submit competent proof of the assignor’s nonappearance at scheduled independent medical examinations (IME) (see Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006]). The conclusory affidavits of defendant’s IME doctors lacked probative value, since they failed to state the basis of their recollection, some 8 years later, that the assignor did not appear on the scheduled IME dates (see Village Med. Supply, Inc. v. Travelers Prop. Cas. Co. of Am., 51 Misc 3d 126[A], 2016 NY Slip Op 50339[U] [App Term, 1st Dept. 2016]; Metro 8 Med. Equip., Inc. v. ELRAC, Inc., 50 Misc 3d 140[A], 2016 NY Slip Op 50174[U][App Term, 1st Dept. 2016]).

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