Bright Med. Supply Co. v IDS Prop. & Cas. Ins. Co., 2013 NY Slip Op 51123(U)(App. Term 2d Dept. 2013)
“Because defendant failed to submit proof by someone with personal knowledge of the nonappearance of plaintiff for the EUOs in question, defendant’s motion was properly denied”
How bad was the affidavit of no-show?
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One Response
The affidavit is quite detailed and indicates the partner was “present” on the day of the EUO and “would have likely been the attorney to conduct the EUO” if the individual appeared. This is a big shift for the Appellate Term. It is unclear what they are looking for.