Quality Psychological Servs., P.C. v Hartford Ins. Co., 2013 NY Slip Op 50045(U)(Civ. Ct. Kings Co, 2013)
This is an interesting case because counsel for Quality Psychological who is prolific at noting defects (both real and imaginary in EUO and IME scheduling letters was told by a judge in Kings that she did not want to hear about the minutia of when a letter is generated, to the size of the envelope, to the dimensions of he mail basket and to the route that is taken to get to the post office. I mean Judge Thompson in this case and GBI Acupuncture seems to be at her wits end with with the chicanery that no-fault devolved into over the last 10 years.
You can take a lot from this opinion and perhaps you should take a glance at it when you have a free moment. One of the arguments that arises is whether someone is under an obligation to produce a certified mail receipt when a parcel is sent via certified mail and a foundation for standard common law mailing has been laid? The answer is no…
“Although this irrefutable proof has been produced by the Defendant, the Plaintiff argues that the lack of the certified mail receipt is fatal to the Defendant’s case. This contention is without merit. The lack of the certified mail receipts is insignificant in this case. The certified mail receipts are superflorous and the court will not infer any negative inference from their absence; the Defendant, through irrefutable admissible evidence in the above affidavits and supporting documents, established proper and timely mailing of the EUO notices and the denials.”
