Delta Diagnostic Radiology, P.C. v Citiwide Auto Leasing, 2014 NY Slip Op 51801(U)(App. Term 2d Dept. 2014)
“The record establishes that, after plaintiff had submitted its claim, defendant sent plaintiff’s assignor letters scheduling the IMEs in question. However, because the address to which the IME scheduling letters were sent used an incorrect zip code, defendant’s proof was insufficient to give rise to a presumption of receipt”
This could be the only time that using certified mail (in conjunction with regular mail) can have an advantage. Invariably, correspondence sent to the wrong zip-code often gets properly delivered. Yet, there is a definite absence of proof issue in these types of cases.
