Lenox Hill Radiology & MIA, P.C. v Global Liberty Ins. Co. of N.Y., 2018 NY Slip Op 51810(U)(App. Term 2d Dept. 2018)
The relevance here is that my friend Rookie took the District Court published cased and convinced some Civil Court judges that we could not prove mailing. It made me feel like the partner who could not prove the no show. Anyway, that case was reversed and so Rookie will take the case out of his Room 809 oral argument tool bag I am assuming.
“Contrary to the determination of the District Court, defendant established the timely mailing of the initial and follow-up verification requests (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). As defendant also sufficiently established that it had not received the requested verification, and plaintiff did not show that the verification had been provided to defendant prior to the commencement of the action, the 30-day period within which defendant was required to pay or deny the claims did not begin to run”
2 Responses
Never once used or argued this decision. But thats for a shoutout
You did once. I remember reading the order, filing a Notice of Appeal and writing the brief…