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LIBERTY MUT. INS. CO. v. K.O. MEDICAL, P.C.

1725, 21708/13E.

142 A.D.3d 875 (2016)

37 N.Y.S.3d 535

LIBERTY MUTUAL INSURANCE COMPANY et al., Respondents, v. K.O. MEDICAL, P.C., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2016.

Plaintiffs seek, inter alia, a declaration that defendant is not entitled to no-fault insurance benefits because it failed to appear for examinations under oath (EUOs). However, plaintiffs failed to demonstrate that the EUOs were properly noticed (see e.g. Interboro Ins. Co. v Perez, 112 A.D.3d 483 [1st Dept 2013]). Counsel's affirmation may be sufficient proof that the requests for EUOs were mailed (see Liberty Mut. Ins. Co....

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