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Non responded to verification fatal to plaintiff’s caseDecember 26, 2017

City Care Acupuncture, P.C. v Allstate Prop. & Cas. Ins. Co., 2017 NY Slip Op 51839(U)(App. Term 2d Dept. 2017)

“In support of plaintiffs’ motion for summary judgment and in opposition to defendant’s cross motion, plaintiffs submitted affirmations from plaintiffs’ counsel and annexed purported verification responses which expressly stated that plaintiffs were not providing responses to some of defendant’s verification requests. As a result, contrary to plaintiffs’ contention, the record demonstrates that defendant had not received all of the requested verification and, thus, that the action is premature”

This is interesting because we are left to reason that certain verification was objected to and certain verification was provided.  The Court held that the failure to provide the requested verification (or to indicate where the verification could be obtained) renders the action premature.  This Court has often stated that the failure to fully comply with verification renders the matter premature.

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