No-show proved through certified transcriptsApril 19, 2014
Active Chiropractic, P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50634(U)(App. Term 2d Dept. 2014)
Standard EUO no-show motion. However, the issue (among others) involved the proof of no-show. Is a certified EUO bust statement sufficient to prove the no-show? The answer is yes and the complaint is dismissed.
“Defendant also submitted certified transcripts of the scheduled EUOs, which demonstrated that plaintiff’s assignor had failed to appear. Plaintiff does not claim to have responded in any way to the EUO requests.”