Alleviation Med. Servs., P.C. v Citiwide Auto Leasing, 2015 NY Slip Op 51709(U)(App. Term 2d Dept. 2015)
“Contrary to plaintiff’s contention, defendant established that verification requests and EUO scheduling letters had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that, upon receipt of the requested verification, defendant had timely denied (see St. Vincent’s Hosp. of Richmond, 50 AD3d 1123) the claim on the ground that plaintiff’s assignor had failed to appear for duly scheduled EUOs; and that plaintiff’s assignor had, in fact, failed to appear for the duly scheduled EUO”
