Reasonable excuse?December 18, 2018

Karina K. Acupuncture, P.C. v Hertz Claim Mgt. Corp., 2018 NY Slip Op 51762(U)(App. Term 2d Dept. 2018)

“Plaintiff failed to demonstrate a reasonable justification for initially sending the NF-3 forms to GEICO rather than to defendant, as plaintiff’s NF-3 forms indicate that plaintiff was aware that the claims were to be sent to defendant. Since plaintiff failed to demonstrate the existence of a triable issue of fact, the branch of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover for services rendered between July 6, 2007 and November 28, 2007 should have been granted.”

Clerical error will not suffice on a  45-day claim.

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