Mailing affidavit is wrongDecember 22, 2016
Greenway Med. Supply Corp. v ELRAC, Inc., 2016 NY Slip Op 51774(U)(App. Term 2d Dept. 2016)
“Furthermore, while plaintiff argues on appeal that its employee’s affidavit, which was submitted in opposition to plaintiff’s motion, was sufficient to establish that plaintiff had mailed its claim form within 45 days of the provision of the supplies, the affidavit has no probative value. The claim form was dated July 1, 2010 and the affidavit states, allegedly based upon the affiant’s personal knowledge, that the claim form was mailed on June 23, 2010.”
Mr. Greenway seems to have lost track of time.