Norman Y. Schoenberg, M.D., P.C. v N.Y.C. Tr. Auth., 2013 NY Slip Op 50421(U)(App. Term 2d Dept. 2013)
“Defendant annexed to its motion papers a letter from plaintiff’s attorney, who stated that, initially, the claim had been inadvertently submitted to a different carrier, but he failed to proffer any explanation as to why that had happened. Under the circumstances, defendant’s moving papers properly established its prima facie entitlement to summary judgment, and, therefore, its unopposed motion should have been granted”
And then had the circumstances been explained, it is a toss up as to whether claim would have been saved. There is a lot of case law on the “what happened” issue.
