The Rybak verification affidavit strikes again

Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51776(U)(App. Term 2d Dept. 2015)

“However, in opposition to the cross motion, plaintiff submitted an affidavit from plaintiff’s owner, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to and received by defendant (Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]). In light of the foregoing, there is a triable issue of fact as to whether this cause of action is premature”

Let’s ask the scrivener of the Compas affidavit: (1) Where is the requested verification because it was not in the papers; (2) The affidavit never stated the date the verification responses were mailed because they never were mailed. Alas, the Appellate Term screwed up again.