Park Health Ctr. v Country-Wide Ins. Co.
The providers' claims were dismissed for counsel's lack of authority to sue or for willful discovery obstruction. The Civil Court, Queens County, granted the insurer summary judgment dismissing three physician providers' claims because counsel failed to establish authorization when suit began; later collection authorizations were insufficient. It dismissed the fourth physician provider's ten remaining causes of action under CPLR 3126 (3) for willfully concealing another claimant's bankruptcy and death through an employee's deposition testimony. Dismissal based on defective verification was denied under CPLR 3022 because the insurer waited approximately two months to reject it and showed no requirement that the complaint be verified. Attorney affirmations signed by someone else were treated as nullities.