Vladenn Medical Supply Corp. v. Travelers Insurance Company, Slip Copy, 2016 WL 1190368 (Table), 2016 N.Y. Slip Op. 50381(U). An affidavit that the verification was mailed is sufficient to create a triable issue of fact that the verification was provided. The Court said:
In support of its cross motion, defendant established that it had timely mailed its verification request and follow-up verification request (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Defendant also demonstrated prima facie that it had not received the requested verification and, thus, that plaintiff’s action is premature (see 11 NYCRR 65-3.8 [a]; Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). However, in opposition to the cross motion, plaintiff submitted an affidavit from plaintiff’s employee, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]). In light of the foregoing, there is a triable issue of fact as to whether this action is premature (see Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 44 Misc 3d 59 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).
See also; Tam Medical Supply Corp. v. American Transit Ins. Co., Slip Copy, 2016 WL 1188198 (Table), 2016 N.Y. Slip Op. 50369(U).