Compas Med., P.C. v American Tr. Ins. Co., 2015 NY Slip Op 51240(U)(App. Term 2d Dept. 2015)
“As to the remaining causes of action, defendant’s cross motion was sufficient to make a prima facie showing that plaintiff had failed to respond to defendant’s initial and follow-up requests for verification as to the claims upon which these causes of action were based. However, as plaintiff argues on appeal, plaintiff’s opposition was sufficient to raise a triable issue of fact as to whether plaintiff had responded to those verification requests. Therefore, neither party is entitled to summary judgment on these causes of action”
Of course, the responded to verification was not included in the papers before Civil Court. Rather, the Rybak “I responded to verification” affidavit without anything more was sufficient to defeat the motion. This decision and all the others on the same conclusory bald affidavit are 7 shades short of insane.
