Milky Way Acupuncture, P.C. v Nationwide Ins., 2019 NY Slip Op 51968(U)(App. Term 2d Dept. 2019)
Sounds like a deficiency due to the failure to adhere to one of the “who, what, when and why” rule.
“Plaintiff moved, insofar as is relevant, for leave to renew its opposition to defendant’s motion and, upon renewal, for an order denying defendant’s motion. Plaintiff supported its motion with a new affidavit by its owner, who stated that the bills at issue had been “resubmitted to insurance carrier” on June 7, 2010. Defendant opposed the motion. Plaintiff appeals from so much of an order of the Civil Court entered February 13, 2018, as, upon renewal, adhered to its prior [*2]determination granting defendant’s motion for summary judgment dismissing the complaint.”
