VerificationJuly 2, 2019
Orthoplus Prods., Inc. v Global Liberty Ins. Co. of N.Y., 2019 NY Slip Op 51003(U)(App. Term 2d Dept. 2019)
” Even accepting plaintiff’s assertion that it submitted certain verification documents to defendant, the record establishes that plaintiff did not fully respond to defendant’s requests for additional verification, which were properly mailed to plaintiff’s attorney as authorized by counsel’s prior correspondence to defendant “
This is the common scenario where the provider is asked for 5 things, mailed one (provided the item) and says they complied. While this is insufficient to raise an issue of fact, the Appellate Term (Second Department) routinely holds that an affidavit (without more) asserting to comply with all verification is enough to raise an issue of fact. I cannot grasp this dichotomy.