Alrof”t” (read the cited to decisions)October 4, 2014

I am not sure what to make of these two decisions.  Read them yourself.  I think Alrof is wrong.  The Appellate Division in Lucas rejected it and the Appellate Term, Second Department in Quality  v. Interboro clearly will not hold it as sacrosanct when a proper practice and procedure affidavit is presented.

Medcare Supply Inc. v Travelers Prop. Cas. Co. of Am., 2014 NY Slip Op 51421(U)(Civ. Ct. NY Co. 2014)

New Capital Supply, Inc. v State Farm Mut. Auto. Ins. Co., 2014 NY Slip Op 24277 (Civ. Ct. NY Co. 2014)

One Response

  1. ALAN Klaus says:

    Personal knowledge is needed. None of this office procedure nonsense. It doesn’t even make sense to me. How does your knowledge of office procedure prove that a document was mailed or if a claimant showed or not. Take a look at Fogel. “personal knowledge” of the mailing… I will appeal every case I lose on this issue.