Park Slope Med. & Surgical Supply, Inc. v GEICO Ins. Co., 2010 NY Slip Op 20131 (App. Term 2d Dept. 2010)
“While the motion for summary judgment could simply be denied due to the existence of such an issue of fact, we are of the [*2]opinion, under the circumstances presented, that the better practice would be for the Civil Court to hold a hearing pursuant to CPLR 2218 on the limited issue of the validity of the signature upon plaintiff’s doctor’s “affirmation,” which will determine whether the “affirmation” was in admissible form (see also Uniform Rules for Civ Ct [22 NYCRR] § 208.11 [b] [4]) and, thus, whether defendant’s prima facie showing upon its cross motion was rebutted.”
Dave Gottlieb over at NFP commented on this one. I will add that this case is now at odds with the recently decided case of Ortho-Med Surgical Supply, Inc. v Mercury Cas. Co., 2010 NY Slip Op 50587(U)(App. Term 2d Dept. 2010). Will somebody on the 15th Floor at 141 Livingston Street make up their mind with how this issue should be resolved?
Please. My work flow is being impacted!
