Alev Med. Supply, Inc. v Travelers Home & Mar. Ins. Co., 2013 NY Slip Op 51759(U)(App. Term 2d Dept. 2013)
“Plaintiff’s only argument, both before the Civil Court and on appeal, is that the peer review report relied upon by defendant contained a stamped signature and, as a result, it was inadmissible. We find that plaintiff’s assertion, without any indication as to why plaintiff believed that the signature was a stamped signature, was insufficient to raise an issue of fact (see Manhattan Med. Imaging, P.C. v New York Cent. Mut. Fire Ins. Co., 32 Misc 3d 127[A], 2011 NY Slip Op 51230[U] [App Term, 2d, 11th & 13th Jud Dists]).”
If Plaintiff was serious about this argument, they would have presented an affidavit from an appropriate expert explaining how they came to the conclusion that the signature was stamped. As is always the case, this was not done here.
