Sunday, June 21, 2009

Proof of Mailing

- Presumption of mailing can be created either by actual proof of the mailing or proof of a standard office practice or procedure. Allstate Social Work & Psychological Svcs PLLC v. Gen. Ins. Co. (2005 Slip Op. 50024 (U), Civil Court of the City of New York, Kings County, 2005)

- “Affidavits that make no reference to the specifics of the office mailing practice or procedures, which merely aver that the bills were mailed… are insufficient to establish proof of actual mailing.” Allstate Social Work & Psychological Svcs PLLC v. Gen. Ins. Co. (2005 Slip Op. 50024 (U), Civil Court of the City of New York, Kings County, 2005)

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