New York Methodist v. Country Wide, Sup Ct. Nassau Co. Index #: 3676/11
Nassau has been all over the place on the DJ front regarding the confusion between Westchester/Lincoln and Unitrin. Yet, when the carrier is a defendant, it always seemed that Nassau County Supreme Court would apply Westchester/Lincoln.
Here is a very recent case where that Court found Unitrin to be controlling precedent. The best line of the case is as follows: “[p]laintiff’s simple argument that Defendant failed to prove that the notices were mailed to the assignor or that the assignor failed to appear at any of the scheduled IMEs is without merit.” I would use this language in all civil court opps.