Excel Surgery Ctr., L.L.C. v Fiduciary Ins. Co. of Am., 2017 NY Slip Op 50408(U)(App. Term 2d Dept. 2017)
“[i]n response to defendant’s verification requests, plaintiff informed defendant, by letter, that plaintiff was an ambulatory facility and, as such, did “not possess all the medical records,” advising defendant to “request any additional information directly from the treating provider.“ Plaintiff’s response did not refer to any specific request or state that plaintiff was not in possession of any of the items requested by defendant. Thus, plaintiff did not demonstrate that it had sufficiently responded to defendant’s verification requests”
So assume Plaintiff said we do not have the exact record? Different result as that would place the case into the Mt. Sinai v. Autoone category.
