Skip to main content
Mailing from the Court of Appeals – kind of important
Mailing

Mailing from the Court of Appeals – kind of important

By Jason Tenenbaum 8 min read

Key Takeaway

Court of Appeals ruling on Preferred Mutual v Donnelly establishes less restrictive test for insurance mailing requirements and proper notice procedures.

This article is part of our ongoing mailing coverage, with 53 published articles analyzing mailing issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

Preferred Mut. Ins. Co. v Donnelly, 2014 NY Slip Op 02328 (2014)

I am going to say that this is a much less restrictive test than what was set up in the 1979 decision of Nassau v. Murray.  The pertinent portion of the Fourth Department case that was affirmed is cited below.  Does your mailing affidavit hit these key points?

“The Appellate Division correctly determined that the plaintiff-insurer presented sufficient evidence of a regular office practice to ensure the proper mailing of notifications to insureds so as to raise the presumption that such a notification was mailed to and received by the insured. Specifically, the plaintiff-insurer submitted an affidavit from an employee who had personal knowledge of the practices utilized by the insurer at the time of the alleged mailing to ensure the accuracy of addresses, as well as office procedures relating to the delivery of mail to the post office. Thus, the plaintiff-insurer provided proper notice of the amendment to the policy upon renewal adding the relevant exclusion. Defendant’s remaining contentions are without merit. ”

This was what was affirmed at 111 AD3d 1242 (4th Dept. 2013):

“Specifically, the evidence established the procedure used by plaintiff for generating notices whenever an insurance policy was amended, and the documentary evidence established that a notice was generated for Donnelly’s policy during the year in which the lead exclusion was added to the policy. In addition, plaintiff submitted evidence that it placed the notices in envelopes with windows so that the address on the notice was the one used for mailing.  The envelopes were then delivered to the mail room, where they were sealed and the appropriate postage was added. Thereafter, the mail was hand delivered to the post office that was located adjacent to plaintiff’s parking lot.

While we agree with the dissent that there was no evidence submitted of a practice to ensure that the number of envelopes delivered to the mail room corresponded to the number of envelopes delivered to the post office (see Clark v Columbian Mut. Life Ins. Co., 221 AD2d 227, 228-229Matter of Lumbermens Mut. Cas. Co. , 135 AD2d 373, 375cf. Matter of State-Wide Ins. Co. v Simmons, 201 AD2d 655, 656 ), we do not deem the absence of such evidence fatal to plaintiff’s motion in light of the detailed description of all of the other office practices geared toward ensuring the likelihood that the notices were always properly addressed and mailed

My observation is that the Court of Appeals probably required less than what the Fourth Department required.  Does your affidavit recite how and when the document is generated and that the address has an indicia of accuracy?  Does your affidavit discuss the placement of the documents into envelopes and the placement of postage?  Does your affidavit discuss the trip to the mail room and, later, the trip to the post office?

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

About This Topic

Proof of Mailing in New York No-Fault Practice

Proof of mailing is a foundational issue in no-fault litigation. Insurers must prove timely mailing of denial forms, verification requests, and EUO scheduling letters, while providers and claimants must prove timely submission of claim forms and bills. Establishing a standard office mailing procedure through business records — and the presumption of receipt that follows — is heavily litigated. These articles examine the evidentiary standards for proving and challenging mailing in New York no-fault cases.

53 published articles in Mailing

Keep Reading

More Mailing Analysis

Mailing

Putting the wrong floor is not fatal

Court rules that incorrect floor designation in IME notice mailing address is not fatal when building address is otherwise correct and proper mailing procedures followed.

Mar 22, 2021
Mailing

Mailing, again

New York's Second Department reinforces strict RPAPL 1304 mailing requirements in mortgage cases, emphasizing the need for proper evidence of both certified and first-class mail...

Nov 3, 2019
Declaratory Judgments

Trial de novo summary judgment motion appealed

Appellate Division reverses trial court on no-fault insurance denial mailing practices and medical necessity evidence, establishing prima facie case standards.

Feb 11, 2016
Mailing

No personal knowledge of the practice and procedure to mail the suspension notice results in vacatur of conviction

Court vacates aggravated unlicensed operation conviction due to insufficient proof of proper DMV mailing procedures and lack of personal knowledge testimony.

Feb 5, 2014
Mailing

Understanding No-Fault Insurance Mailing Requirements: Lessons from the First Department’s “Venom” Decision

Learn about New York no-fault insurance mailing requirements from the First Department's Lenox Hill decision. Expert legal help from Long Island attorneys. Call 516-750-0595.

Jan 3, 2011
EUO issues

Certified Mail and Regular Mail

New York court clarifies that EUO scheduling letters sent by regular mail are sufficient - certified mail is not required for valid examination under oath notices.

Jul 24, 2019
View all Mailing articles

Common Questions

Frequently Asked Questions

Why is proof of mailing important in no-fault litigation?

Proof of mailing is critical in no-fault cases because many defenses depend on whether documents were properly sent — including denial letters, EUO scheduling notices, IME appointment letters, and verification requests. To establish proof of mailing, the insurer typically must show standard office mailing procedures through affidavit testimony and documentary evidence such as mailing logs or certified mail receipts. A failure to prove proper mailing can be fatal to the insurer's defense.

Was this article helpful?

Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a mailing matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Filed under: Mailing
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (13)

Archived from the original blog discussion.

CA
Captain America
A little Poem from the Captain to celebrate the opening of his new movie tonight — “The Winter Soldier” If you can pocket bribes when all around you Are getting caught on video and tape; If crooked lawyers all are glad they found you, But honest ones are shocked, with mouths agape; If you can lie and not grow tired of lying, Or, being caught in lies, still stand your ground, If you can snooze amidst a case you’re trying, And wake up and resume without a sound; If you can read a case that stands for one thing Yet cite it for a principle it lacks; If you can write opinions that are something That nary an appellate judge would axe; If you’ll dismiss for want of prosecution When someone’s just a week or two behind, But grant your cronies time for resolution, And still pretend that justice is quite blind; If you can make one heap of your decisions But fail to notice how they all can’t square, Or cut a lawyer down with sharp incisions That make it clear how little that you care; If you can force your clerk and secretary To lie and cheat for you like they’re your thugs, And cover all your tracks, and be quite wary, And check your chambers twice a week for bugs; If you can dine with governors and mayors, But turn on them as quickly as a snake, And understand that truth is built in layers; And not be bothered knowing you’re a fake; If you can pound your gavel like you mean it, And make a senseless ruling just for fun, Yours is the Court and everything that’s in it, And – which is more – you’ll be a Judge, my son! Editors Note: The Captain has inside info on much of this. (c) 2007 James M. Maloney. Used by permission. All rights reserved. The above was written as a parody to Rudyard Kipling’s “if” in the wake of a well-publicized scandal involving a Brooklyn judge. It is not intended to disparage any sitting judge or justice.
JM
James M. Maloney
Who the *** are you, Captain America? This is my poem. I wrote it in 2007, just after the scandal about one of the more infamous bribe-taking Brooklyn judges (Garson) had reached its final stage, with his conviction on that charge. On April 4, 2014, I dusted this poem off for the first time in years and emailed it to two friends, Susan and Paul. No others. Now it appears here verbatim as your post, with no credit to me, as if it’s your own work, on that very same date. Hmmm. Please do not use my work and not give me credit. Please do not use my work at all! James M. Maloney
JT
Jason Tenenbaum Author
Dear Sir: The Captain isn’t a poet. It was a poem “from” Captain America not “by” Captain America. The Captain had no idea who wrote it. Your “work” will never be used again. No wonder your cause is such a failure. All you folks care about is ” … it was me … that was me.” You would think that you would want your word spread. As to your question: I’ll be all around in the dark. I’ll be everywhere. Wherever you can look, wherever there’s a fight, so hungry people can eat, I’ll be there. Wherever there’s a cop beatin’ up a guy, I’ll be there. I’ll be in the way guys yell when they’re mad. I’ll be in the way kids laugh when they’re hungry and they know supper’s ready … Captain America
WC
Wang Chung
This is — ah Wang Chung. Captwan Americwa is a pwaygawist. How pwedictabwle.
CA
Captain America
Hey Wang is your mother Barbara Walters.
JM
James M. Maloney
Hey Cap’n, what cause of mine do you think is “such a failure?” And which category of “you folks” are you lumping me into, exactly? While I’m asking, what “word” is it that you think I want to spread? I’m a little confused here. I’m just a lowly solo practitioner and occasional pro se litigant trying to eke out a modest living and/or accomplish a little progressive change by doing fun stuff like challenging NY’s nunchaku ban. I pretty much stay off the soapbox and out of the media. Just for the record, that “If” parody you published for me doesn’t really relate to any of my “causes,” least of all the one I just mentioned. I’ve had good judges all the way up and all the way down in that one.
SL
Stan Lee
“When Captain America throws his mighty shield all those who oppose his shield must yield.”
JM
James M. Maloney
OK, I get it now. This little corner of the Web is a microcosm of the TV show, The Big Bang Theory. You’re all here, aren’t you? Stan Lee pops in for a guest appearance, Bawwy Kwipke posts a comment, calling himself Wang Chung. Hey, Stuart, open the door! Let me out of this crazy comic book store!
CA
Captain America
Jimmy lad what’s with the confrontational tone. You are accepted here. And how do you know. Maybe there is Captain America. Maybe there are many Captain Americas with the same capabilities as the one in the movies, HGH, Testosterone; Dekka — that’s a superhero stack. It works wonders for me. Maybe they want the old America back. Maybe they wake up in the morning and they are not afraid to die and they are not afraid to kill for a little justice in this Gestapo land. And for a moment, if only for a moment, they have the power of a God. Scary stuff
JM
Jimmy Maloney
Thanks for the welcome, Captain. Good to be aboard. You almost had me going with that line, “HGH, Testosterone; Dekka — that’s a superhero stack. It works wonders for me.” At first I thought: “OK, I get it. This Captain America fits right in in this Big Bang Theory parallel universe: he’s really just Captain Sweatpants from the comic book store, on steroids!” But then I realized: HGH and testosterone are really just hormones our bodies secrete. And I Googled Dekka and found that, spelled that way, it’s stereo equipment (the steroid is Deca), so now I see the Captain is not doping after all. He’s just your garden-variety Italian Stallion who likes to blast the speakers for a little extra juice. ‘Course, that kill-or-die/power-of-god stuff in the next paragraph got a little bit fringe-y again… Anyway, Happy Pesach to the cast and crew here. Don’t eat too much TurBriskGefil.
CA
Captain America
Jimmy lad the Captain is not out to win a spelling bee. “Dekka” is the phonetic spelling of the word for the product that comprises a part of my super soldier cocktail. Lad you just don’t produce the amount of HGH and Test that I have floating round me blood stream. And the Captain’s last name is Rogers not Stallone. I leave you with these final thoughts on you and America before I disappear. I will take pains to write them carefully and to think of them carefully. It went so well for you. With a place right where you wanted and the ones to fill it to. But some blows break the spell. That it hits you every day until you need to hit as well. It’s just a shadow of the man you should be. Like a garden in the forest that the world will never see. You have no thought of answers only questions to be filled. And it feels like hell It all seemed fine for you. Till the struggle of ambition turned in violence upon you. Sometimes a landslide comes If you’re hiding in that avalanche you need a place to run. It’s just a shadow of the woman you should be. Like a garden in the forest that the world will never see. And you have no thought of answers only questions to be filled. And it feels like hell I know there is no need for what’s been done. I know there is enough for everyone. Frustration brings a heavy hand to bear. And there’s never been a hand. Did we ever have it good. While we lived in Eldorado did we find the gold we should. If it really was the truth. Why are faces filled with anger that should only shine with youth It’s just a shadow of the people we should be. Like a garden in the forest that the world will never see. You have no thought of answers only questions to be filled. And it feels like hell The Captain signing off.
KL
Kurt Lundgren
Stuart Adamson left us a bit too early, didn’t he Cap?
JM
Jim Maloney
Just another of the Melancholy Soldiers, who, like Trudy, left Just A Shadow in this Big Country after hitting the Skids and going down Into The Valley.

Legal Resources

Understanding New York Mailing Law

New York has a unique legal landscape that affects how mailing cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For mailing matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.

Call Now Free Review