GL Acupuncture, P.C. v Geico Ins. Co., 2015 NY Slip Op 51239(U)(App. Term 2d Dept. 2015)
“However, defendant failed to demonstrate, as a matter of law, that it had filed a copy of the notice of cancellation, upon which its defense is based, with the Department of Motor Vehicles within 30 days of the effective date of the cancellation as required by Vehicle and Traffic Law § 313 (2) (a) (see Matter of Progressive Classic Ins. Co. v Kitchen, 46 AD3d 333 [2007]).”
I would guess a certified copy of the DMV transmission record or an affidavit from an underwriter explaining the practice and procedure for sending these transmissions was not proffered.
