Praetorian v. Mercado, Index #: 303993/12 (Sup. Ct. Bx. Co. 2013)
In this declaratory judgment action, an Alrof argument was made; an electronic signature argument was made; a “you cannot file a DJ argument” was made; the you did not prove you mailed it argument was made; and an EUO provision was not in the policy argument was made. Missing was an argument that there was no justiciable controversy (which is always denied) and that discovery was outstanding (which is usually denied).
The objections to the DJ’s are getting longer as the days are getting shorter. The common denominator of what is missing is: a non-conclusory affidavit from the EIP that he never received the EUO’/IME notices (See American Transit Ins. Co. v. Bachus) or an affidavit from the EIP that (s)he attended the EUO/IME.
