Legal Opinion

Boulevard Multispec Medical, P.C. v. Tri-State Consumer Insurance

Nassau County District Court

Decided March 26, 2014PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Fred J. Hirsh, J.

Background

This motion for summary judgment raises the issue of whether there must be a connection between an independent *803medical examination (IME) that a claimant fails to attend and the treatment in question for the failure to attend the IME to serve as a basis for denying a no-fault claim and dismissing this action.

Boulevard Multispec Medical, EC. (Boulevard) sues as assignee of Phillip Sansone (Sansone) to recover first-party no-fault benefits for a functional capacity evaluation performed on March 11, 2013 and chiropractic and physical therapy…

2Cases cited5 opinions

  1. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Medical Society v. SerioNew York Court of Appeals · 2003
  3. Westchester Medical Center v. Lincoln General InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  4. Mangione v. JacobsNew York Supreme Court · 2012
  5. Rowe v. WahnowAppellate Terms of the Supreme Court of New York · 2009

3Cited by3 opinions

  1. GEICO v. MayzenbergCourt of Appeals for the Second Circuit · 2024
  2. Kirk v. AndersonUtah Supreme Court · 2021
  3. Government Employees Insurance Company v. VVX, Inc.District Court, E.D. New York · 2022

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