I am not sure what to make of these two decisions. Read them yourself. I think Alrof is wrong. The Appellate Division in Lucas rejected it and the Appellate Term, Second Department in Quality v. Interboro clearly will not hold it as sacrosanct when a proper practice and procedure affidavit is presented.
Medcare Supply Inc. v Travelers Prop. Cas. Co. of Am., 2014 NY Slip Op 51421(U)(Civ. Ct. NY Co. 2014)
New Capital Supply, Inc. v State Farm Mut. Auto. Ins. Co., 2014 NY Slip Op 24277 (Civ. Ct. NY Co. 2014)
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Personal knowledge is needed. None of this office procedure nonsense. It doesn’t even make sense to me. How does your knowledge of office procedure prove that a document was mailed or if a claimant showed or not. Take a look at Fogel. “personal knowledge” of the mailing… I will appeal every case I lose on this issue.