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GLOBAL LIBERTY INS. CO. v. EVANS

10201, 22398/16E.

176 A.D.3d 599 (2019)

109 N.Y.S.3d 648

2019 NY Slip Op 07716

Global Liberty Insurance Co., Appellant, v. Akeem Evans et al., Defendants, and SML Acupuncture, P.C., Respondent.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

The Law Office of Jason Tenenbaum, P.C., Garden City (Talia Beard of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn (Stefan Belinfanti of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Based on the claims adjuster's conflicting affidavits and an application for no-fault benefits that was dated September 15, 2015, and stamped as received by facsimile on October 11, 2011, Global failed to provide evidence sufficient to prove that the EUO letters were timely mailed (see Unitrin Advantage Ins. Co. v All of NY, Inc., 158 A.D.3d 449, 449 [1st Dept 2018]; National Liab. & Fire Ins. Co. v Tam Med. Supply Corp.,...

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