ARCO MEDICAL NY, P.C., MEGACURE ACUPUNCTURE, P.C. AND CHIROPRACTIC BACK CARE, P.C. AS ASSIGNEES OF SABRINA MILLET, res v. AIG INDEMNITY INSURANCE COMPANY C/O AIG PERSONAL LINES CLAIMS, app

2011-2332 K C. ARCO MEDICAL NY, P.C., MEGACURE ACUPUNCTURE, P.C. AND CHIROPRACTIC BACK CARE, P.C. AS ASSIGNEES OF SABRINA MILLET, res v. AIG INDEMNITY INSURANCE COMPANY C/O AIG PERSONAL LINES CLAIMS, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered July 19, 2011. The order, insofar as appealed from, denied the branch of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims which had been denied based upon plaintiffs' assignor's failure to appear for scheduled independent medical examinations, and granted the branch of plaintiffs' cross motion seeking summary judgment upon that portion of the complaint.

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2011-2332 K C. ARCO MEDICAL NY, P.C., MEGACURE ACUPUNCTURE, P.C. AND CHIROPRACTIC BACK CARE, P.C. AS ASSIGNEES OF SABRINA MILLET, res v. AIG INDEMNITY INSURANCE COMPANY C/O AIG PERSONAL LINES CLAIMS, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered July 19, 2011. The order, insofar as appealed from, denied the branch of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims which had been denied based upon plaintiffs’ assignor’s failure to appear for scheduled independent medical examinations, and granted the branch of plaintiffs’ cross motion seeking summary judgment upon that portion of the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, the branch of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims which had been denied based upon plaintiffs’ assignor’s failure to appear for scheduled independent medical examinations is granted, and the branch of plaintiffs’ cross motion seeking summary judgment upon that portion of the complaint is denied.

ARCO MEDICAL NY, P.C., MEGACURE ACUPUNCTURE, P.C. AND CHIROPRACTIC BACK CARE, P.C. AS ASSIGNEES OF SABRINA MILLET, res v. AIG INDEMNITY INSURANCE COMPANY C/O AIG PERSONAL LINES CLAIMS, app

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