A follow-up verification that is one day premature. No problem.
Velen Med. Supply, Inc. v Country-Wide Ins. Co., 2009 NY Slip Op 52630(U)(App. Term 2d Dept. 2009):
“It is undisputed that defendant timely mailed its initial request for verification and that plaintiff failed to provide the information requested. Plaintiff also did not provide the information requested in defendant’s follow-up verification request, which was mailed on the 29th day after the initial verification request, but prior to the expiration of the full 30-day period within which plaintiff was supposed to respond to defendant’s initial request for verification. As the foregoing facts are nearly identical to those in Infinity Health Prods., Ltd. v Eveready Ins. Co. (___ AD3d ___, 2009 NY Slip Op 08585 [2d Dept 2009]), “the 30-day period within which the defendant was required to pay or deny the claim did not commence to run . . . [and] plaintiff’s action is premature” (id. at *2 [citations omitted]). In view of the foregoing, we reach no other [*2]issue.”
When an order of a lower court is reversed, wouldn’t it be nice to have the appellate court tells us if the reversal is on the law, the facts or the interest of justice? The Appellate Divisions all do this. The Court of Appeals does not, but since that is a pure law court (with the exception of direct appeals from capital murder cases where the death penalty is imposed), there is no need for that court to make that statement.
Yet, the Appellate Terms do not tell us whether their order are on the law, the facts or in the interest of justice. Thus, we are left to wonder whether the Court was saying that the order of the Civil Court should have been reversed on the law or for some other basis. Without this statement, a Civil Court is free to deny a Defendant’s motion for summary judgment and possibly grant Plaintiff’s summary judgment motion based upon a premature follow-up verification request when the court is convinced that the interests of justice would not be served by dismissing the complaint.
Crazy.
