Charley Deng called the wrong numberDecember 26, 2017

Charles Deng Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2017 NY Slip Op 51764(U)(App. Term 2d Dept. 2017)

“While plaintiff’s owner asserts that, upon receiving the EUO scheduling letters, he called defendant’s investigator and left a message asking to reschedule the EUOs, plaintiff nevertheless failed to raise a triable issue of fact, since the person plaintiff’s owner allegedly called was not the investigator identified in defendant’s EUO scheduling letter as the person to be called in case of any issue, and the phone number allegedly called was not the same as the phone number set forth in defendant’s EUO scheduling letter.”

Had the affidavit listed the person who should have been called, then a triable issue of fact would have been established?

2 Responses

  1. Rookie says:

    This is bullshit. The call was made. If the Appellate term accePts fake lynn carter than charlie Deng calling a wrong nunber whoch would have bee routed to the correct clerk should have raised material triable issues Of fact.

    • jtlawadmin says:

      Chuckie Deng needs to let his “fingers do the walking” lol 🙂 Remember that Yellow Page advertisement? What are yellow pages? hahaha

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