Optimal Well-Being Chiropractic, P.C. v Hertz Co., 2013 NY Slip Op 50902(U)(App. Term 2d Dept. 2013)
“Since defendant did not submit evidence from anyone with personal knowledge of plaintiff’s assignor’s nonappearances, defendant’s cross motion for summary judgment dismissing the complaint was properly denied (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]).”
Was this result ordained by Alfrof v. Safeco? If it is, then the future of “personal knowledge” is just not looking too promising.
