BIG APPLE ORTHO PRODUCTS, INC. v. STATE FARM MUTUAL AUTOMOBILE INS. CO., No. CV–037717–13/KI.
Another example of a motion lacking proper evidence.
In this case insurer denied provider’s claim because the accident occurred in Georgia.
The Court stated as follows:
According to the Affidavit of Lynn Johnson, a claims representative employed by defendant in its Atlanta, Georgia office, plaintiff’s assignor, Peter Searles, was a passenger is a car insured by defendant. Ms. Johnson’s affidavit refers to a police report, annexed to the motion papers, which purports to show that the accident occurred in Georgia. However, the police report is unsworn and uncertified, and is therefore inadmissible (Pavane v. Marte, 109 AD3d 970, 971 [2d Dept 2013]; Cheul Soo Kang v. Violante, 60 AD3d 991, 991–92 [2d Dept 2009] ). Furthermore, defendant does not establish whether or not the assignor is a New York State resident, or if he is the “owner or a relative of the owner of a motor vehicle insured under another policy providing the coverage required by the New York Comprehensive Motor Vehicle Insurance Reparations Act,” as required by 11 NYCRR § 65–1.1(j).