City Care Acupuncture, PC v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50430(U)(App. Term 1st Dept. 2013)
“In opposition, plaintiff did not deny the assignor’s nonappearance or otherwise raise a triable issue with respect thereto, or as to the mailing or reasonableness of the underlying notices (see Unitrin at 560). The assignor’s “denial of receipt, standing alone, is insufficient” (Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229, 230 [2004]).”
The affidavit provided to the Assignor at the medical clinic should have a little more to it then just: “I did not receive the letter”. Just not enough.
