A.B. Med., PLLC v GEICO, 2013 NY Slip Op 50203(U)(App. Term 2d Dept. 2013)
“As plaintiff’s affidavit in support of its motion failed to demonstrate that defendant’s denial of claim forms were either untimely or without merit as a matter of law, plaintiff failed to establish its prima facie [*2]entitlement to summary judgment.”
These prima facie cases are extremely tough on the plaintiff’s bar. I wonder if this formulation will find its way to the trial context?
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