EUO no show gone awry

Excel Imaging, P.C. v All Car Rent A Car, Inc., 2012 NY Slip Op 50104(U)(App. Term 1st Dept. 2012)

“The record raises triable issues as to whether the notices for examinations under oath were properly mailed by defendant and received by plaintiff (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006]; cf. Eagle Surgical Supply, Inc. v Progressive Cas. Ins. Co., 21 Misc 3d 49, 51 [2008]).”

I think I know why there was a CF there.  Mr. Zuppa, the c.f. guru, can perhaps share his thoughts.