July, P.T., P.C. v Metropolitan Group Prop. & Cas. Ins., 2022 NY Slip Op 50302(U)(App, Term 2d Dept. 2022)
“Contrary to plaintiff’s sole contention on appeal, the affidavit by defendant’s special investigator who was scheduled to conduct the EUOs, accompanied by certified transcripts of the EUOs, established that the assignor had failed to appear at either of the EUOs”
As I now understand the law, the certified transcript is useless unless a credibility challenge exists as to the affiant’s personal knowledge of what occurred?.
