Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51679(U)(App. Term 2d Dept. 2015)
IME no-show substantiated.
“However, with respect to the sixth cause of action, defendant sufficiently described its procedures for the receipt of mail and stated that defendant has no record of having received this claim. By rebutting the presumption of receipt, defendant raised a triable issue of fact as to whether this claim had been submitted to defendant (see Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 44 Misc 3d 59 [App Term, 2d, 11th & 13th Jud Dists 2014]).”
How come the verification non-receipt affidavits that are accepted as sufficient to raise an issue of fact are nowhere near as detailed?
