HERTZ CORP. v. ACTIVE CARE MED. SUPPLY CORP.

13879, 112732/11.

124 A.D.3d 411 (2015)

HERTZ CORPORATION, Respondent, v. ACTIVE CARE MEDICAL SUPPLY CORPORATION et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 6, 2015.


In this action seeking a declaration that Hertz is not required to reimburse defendants for treatment they allegedly provided in connection with an automobile accident, plaintiff submitted sufficient proof of mailing correspondence to defendants regarding the scheduling of examinations under oath (EUO) on two separate occasions (Nassau Ins. Co. v Murray, 46 N.Y.2d 828 [1978]) and defendants' failure to appear. Although plaintiff...

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