Charles Deng Acupuncture, P.C. v 21st Century Ins. Co., 2018 NY Slip Op 51815(U)(App. Term 2d Dept. 2018)
“Moreover, even if defendant had established that Florida law applies here, defendant relied upon an annexed payment log to demonstrate that policy limits in the amount of $10,000 had been exhausted; however, the affidavits submitted by defendant failed to establish that the payment log constituted evidence in admissible form (seeCPLR 4518 [a])”
Oh the business record rule. Carriers need to make sure in the rare instance this issue comes up, the prefatory paragraph “2” business record syllogism is present.
Also, if you alleged that Florida law applies and you lose, get ready for $800 an hour attorneys fees.
