Throgs Neck Multicare, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51756(U)(App. Term 2d Dept. 2015)
The rebuttal affidavit was pretty poor. Yet, I would note that except for the amount of paragraphs, the rebuttal was equally as deficient as that in another recent case. In South Nassau , the Court found a triable issue of fact. Here, the Court non-suited Plaintiff. Sometimes, it really is a roll of the dice with how the Court’s will rule on particular deficient affidavits of merit.
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