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Factual assertions made by persons in support of defendant’s motion for summary judgment not rebutted by plaintiff. Court must accept factual assertions since no evidence submitted that questions the veracity thereof.
CIVIL COURT OF THE CITY OF NEW YORK, COUTY OF NEW YORK

September 22, 2008

MUHAMMAD TAHIR, M.D., P.C., Assignee of CARMELA RICHARDSON,
v.
AUTOONE INSURANCE COMPANY

September 22, 2008, Decided

COUNSEL

Edward Shapiro, P.C., for Muhammad Tahir, M.D. a/a/o Carmela Richardson

The Law Offices of David J. Tetlak, P.C. for AutoOne Insurance Company

JUDGE

Hon. Joan M. Kenney
Judge, Civil Court

Factual assertions, regarding the mailing of verification requests, IME scheduling letters and denial of claim forms, made by persons in support of defendant’s motion for summary judgment have not been rebutted by plaintiff in their opposition. Therefore, the court must accept the factual assertions as being supported by persons with knowledge since there is no evidence submitted that would question the veracity of said assertions. Defendant’s motion is granted. Plaintiff’s no-fault action is dismissed due to plaintiff assignor’s failure to attend IMEs.


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