Park Health Center v. Liberty Mutual Insurance

*92OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously affirmed without costs.

In our opinion, the plaintiff’s motion for summary judgment was properly denied. The issue presented is whether plaintiff is entitled to recover for medical services provided prior to the plaintiffs assignor’s failure to appear for two scheduled independent medical examinations requested by defendant on May 20, 1998 and May 27, 1998, as well as for medical services provided thereafter. A chiropractor who subsequently examined plaintiffs assignor on defendant’s behalf stated that plaintiffs…