Urban Radiology, P.C. v Clarendon Natl. Ins. Co., 2011 NY Slip Op 50601(U),2011 NY Slip Op 50601(U)(App. Term 2d Dept. 2011)
“the Civil Court denied plaintiff’s motion for summary judgment, as well as defendant’s cross motion for summary judgment dismissing the complaint, finding that “issues of fact remain for trial as to the propriety of the defendant’s denials and plaintiff’s purported failure to appear for an EUO. This appeal by defendant ensued from so much of the order as denied its cross motion.”
So Defendant failed to prove it mailed the EUO letters. Nothing spectacular about that. But, why didn’t Plaintiff cross-appeal? Defendant already appealed, so Plaintiff might as well should try to make some money through an answering brief – one that he has to write anyway.
Now, Defendant has a second chance to prevail.
