PREFERRED MUTUAL INSURANCE COMPANY v. DONNELLY

No. 128 SSM 6

22 N.Y.3d 1169 (2014)

8 N.E.3d 847

985 N.Y.S.2d 470

2014 NY Slip Op 2328

PREFERRED MUTUAL INSURANCE COMPANY, Respondent, v. JOHN DONNELLY et al., Defendants, and ROBERT JACKSON, Appellant.

Court of Appeals of New York.

Decided April 3, 2014.


Attorney(s) appearing for the Case

Athari & Associates, LLC, Utica ( Mo Athari of counsel), for appellant.

Schnitter Ciccarelli Mills PLLC, East Amherst ( Joseph M. Schnitter of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.


OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed with costs.

The Appellate Division correctly determined that the plaintiff insurer presented sufficient evidence of a regular office practice to ensure the proper mailing of notifications to insureds so as to raise the presumption that such a notification was mailed to and received by the insured. Specifically, the plaintiff insurer submitted an affidavit from an employee...

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