Pomona Med. Diagnostic P.C. v Praetorian Ins. Co., 2013 NY Slip Op 51798(U)(App. Term 1st Dept. 2013)
“The affidavit of an employee of a third-party biller, who had no personal knowledge of the date the purported “verification compliance” letter was mailed to defendant, and described in only the most general terms her office’s mailing practices and procedures, was insufficient to raise an issue of fact. Westchester Med. Ctr. v Countrywide Ins. Co., 45 AD3d 676, 677 [2007])”
What is noteworthy here is that the same discussion that the Court gives to the MVAIC IME no-show mailing cases is given here to Pomona.
