Dune Deck Owners Corp. v J J & P Assoc. Corp., 2010 NY Slip Op 02739 (2d Dept. 2010)
“Here, the plaintiff established proof of actual mailing through the testimony of its vice-president, who personally addressed and mailed the required notices to the defendants via certified mail, return receipt requested (cf. New York & Presbyt. Hosp. v Allstate Ins. Co., 29 AD3d at 547-548; Tracy v William Penn Life Ins. Co. of N.Y., 234 AD2d 745, 748). The defendants failed to rebut this presumption.”
I never saw a case that involved actual mailing of an item via certified mail, RRR, when there was no proof correlating the certified mail card with the certified mail number.
2 Responses
It might have had something to do with the VP saying that he personally addressed and mailed everything, which would explain the “(cf. New York & Presbyt. Hosp. v Allstate Ins. Co., 29 AD3d at 547-548; Tracy v William Penn Life Ins. Co. of N.Y., 234 AD2d 745, 748).”
I agree with your statement. My observation had no hidden meaning to it. This is the first time I saw a case involving an entity trying to prove the mailing of an item sent certified mail, return receipt requested, through a common law method. Here is a question though – do you think we will ever see the Appellate Division apply the “Westmed v. State Farm rule”, which holds that proof of actual mailing in certain circumstances, absent an accounting of the entities standard procedure, is insufficient to show that an item was mailed?