Mind & Body Acupuncture, P.C. v American Commerce Ins. Co., 2017 NY Slip Op 50918(U)(App. Term 2d Dept. 2017)
“As plaintiff argued in opposition to defendant’s motion and on appeal, the affirmation by a partner in the law firm retained by defendant to conduct examinations under oath (EUOs) of plaintiff did not satisfy defendant’s burden of presenting proof by someone with personal knowledge of the nonappearance of plaintiff at the EUOs in question”
Interestingly: “no brief filed.” And, $30 in costs (the maximum the court can award)
2 Responses
That’s why you have to be like the Zuppa Firm. I am the partner. The Associate. The Paralegal. The receptionist. The cleaning crew. The mail room. Everything..
I had to provide an affidavit of mail handling procedures for federal Court. In light of the above the notion was so ridiculous that I start the Affidavit just I like I wrote above..
LOL! Ray, Ray, Ray…