Right Aid Med. Supply Corp. v Hartford Ins. Co., 2015 NY Slip Op 51236(U)(App. Term 2d Dept. 2015)
“However, as plaintiff notes, defendant’s motion papers do not unequivocally demonstrate that defendant’s counsel was present on either of the dates of the scheduled EUOs at the office of the court reporting company to which plaintiff’s assignor was directed to go.”
The affidavit goes like this: “I was personally at ____________(address) on ___________date () at _________(time) and __________(name) was not there.” Put some other flowery language afterwards. But the language: “If the EUO went, I would have been the one that conducted it”… Why? I do not get
The second way is to set forth a practice and procedure with definitive statements explaining that someone was present (see above for information) and upon a review of the records, Assignor did not show up. 4518 foundation necessary.
The third way is to use EUO bust statements. Certification is optional.
