Opinion
No. 2012–521 K C.
2014-04-7
J.C. HEALING TOUCH REHAB, P.C. as Assignee of Maurice Clarke, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.
Since an assignor's appearance at an IME “is a condition precedent to the insurer's liability on the policy” ( see Stephen Fogel Psychological, P.C., 35 AD3d at 722), the judgment is reversed, the order entered October 28, 2011 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.