Vladenn Med. Supply Corp. v Travelers Ins. Co., 2016 NY Slip Op 50381(U)(App. Term 2d Dept. 2016)
“However, in opposition to the cross motion, plaintiff submitted an affidavit from plaintiff’s employee, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see 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 action is premature”
Would this be the famous generic Rybak compliance affidavit?
One Response
Same way a partner at a law firm can tell the court years after the fact that he was in the offiCe on the day of the euo without a reference to a single shred of documentary evidence and that the assignor Or the medical provider failed to appear. I am sure all these head of firms and working partners are glued to their desks trembling and waiting for that poor smuck to appear for the euo and have a detailed record of the non appeArance