J.C. Healing Touch Rehab, P.C. v American Tr. Ins. Co., 2016 NY Slip Op 50033(U)(App. Term 2d Dept. 2016)
“Defendant also demonstrated prima facie that it had not received the requested verification and, thus, that plaintiff’s first and third through sixth causes of action are premature (see11 NYCRR 65-3.8 [a]; Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). However, in opposition to the cross motion, plaintiff submitted an affidavit from an employee of National Billing & Collections, Inc., which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant”
Well again (and this time from a different plaintiff – he learned Rybak’s tricks), a similarly worded vague affidavit forces a trial.
