New York Manual, P.T., P.C. v Nationwide Affinity Ins. Co. of Am., 2023 NY Slip Op 50281(U)(App. Term 2d Dept. 2023)
“In opposition, plaintiff’s owner merely stated that he had mailed the requested verification “to the extent such response was proper and in [his] possession.” Thus, contrary to plaintiff’s contentions on appeal, [*2]plaintiff failed to establish a triable issue of fact by demonstrating that it had provided the requested verification or had set forth a reasonable justification for the failure to comply with defendant’s verification requests (see 11 NYCRR 65-3.8 [b] [3]). Consequently, we find no basis to disturb the order.”
Whereas the usual affidavit of mailing will state that all requested verification was mailed, the change now introduces an issue to what was withheld. As for that, an offer of proof as to the reasonableness for not turning over the verification is required.
This decision makes sense.
