Compas Med., P.C. v Travelers Ins. Co., 2015 NY Slip Op 51568(U)(App. Term 2d Dept. 2015)
“While defendant submitted a sworn statement by the attorney who was assigned to conduct the EUOs, plaintiff correctly argues on appeal that counsel failed to demonstrate, by personal knowledge (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]), or by any other appropriate means (see e.g. Quality Psychological Servs., P.C. v Interboro Mut. Indem. Ins. Co., 36 Misc 3d 146[A], 2012 NY Slip Op 51628[U] [App Term, 2d, 11th & 13th Jud Dists 2012]), that plaintiff had failed to appear for both of the EUOs. Therefore, defendant failed to establish its entitlement as a matter of law to summary judgment dismissing the complaint”
Proof of no show can be proved by (1) Personal knowledge; and (2) Other appropriate means. Now the question is what is “other appropriate means”? I cannot wait to see how that plays out…
