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Replacement Cost Coverage Denied to Insured Who Did Not Replace the Dwelling Within Two Years or Show That His Actual Repair/Replacement Costs Exceeded the Insurer's ACV Payment
23 Nov 2015, 9:57 pm
His introduction of the untimely, unexplained, and unsworn-to photocopies of bills, checks and credit card statements are inadmissible to evidence entitlement to summary judgment (see CPLR 3212 [b]; Seidman v Industrial Recycling Props., Inc., 52 AD3d 678 [2008]; see also CPLR 4533[a]; Daguerre S.A.R.L. v Rabizadeh, 112 AD3d 876 [2013]; Matell Contracting Co., Inc. v Fleetwood Park Development, LLC, 111 AD3d 681 [2013]). [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
The Field Is Winnowed, and the Case Goes On
1 Dec 2017, 4:35 am by Andrew Lavoott Bluestone
Therefore, the affidavits of service did not establish, prima facie, that service was properly effected pursuant to CPLR 308(2) (see Daguerre, S.A.R.L. v Rabizadeh, 112 AD3d 876, 878-879; cf. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/