EUO letter need not be in large font – ADA litigation here we come

GLM Med., P.C. v State Farm Mut. Auto. Ins. Co., 2011 NY Slip Op 50194(U)(App. Term 2d Dept. 2011)

In an affront to those who have blurry vision and can only see large print, the Appellate Term rebuffed Judge Garson’s denial of a summary judgment predicated upon EUO defaults because the print on the letters was not large and in bold.  According to the Appellate Term: “Further, contrary to the Civil Court’s determination, there is no requirement that EUO scheduling letters conspicuously highlight the time and place of the EUO by use of, among other things, a bold or larger font”.  I am just thinking that if certain attorneys can become millionaires for suing restaurants and move theaters because a certain seat or bench is a centimeter outside the acceptable range for ADA purposes, why should this be any different?

The above said, the Court was correct in holding how it did.  Did anybody see the hidden gem in this case?

“In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for scheduled examinations under oath (EUOs) or, in the alternative, that plaintiff’s action was premature, in that plaintiff had not provided requested additional verification.”

I have never seen that before.