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VLADENN MEDICAL SUPPLY, CORP. A/A/O JOCELYN NOEL, plf-res, v. AMERICAN COMMERCE INS. CO., def-app

15-205. VLADENN MEDICAL SUPPLY, CORP. A/A/O JOCELYN NOEL, plf-res, v. AMERICAN COMMERCE INS. CO., def-app — Order (Joseph E. Capella,, J.), entered May 24, 2013, affirmed, without costs.

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15-205. VLADENN MEDICAL SUPPLY, CORP. A/A/O JOCELYN NOEL, plf-res, v. AMERICAN COMMERCE INS. CO., def-app — Order (Joseph E. Capella,, J.), entered May 24, 2013, affirmed, without costs.

We sustain the denial of defendantinsurer’s motion for summary judgment dismissing this firstparty, no-fault action. Defendant failed to “meet its burden by proof in admissible form, because it submitted no evidence from anyone with personal knowledge of the nonappearances [at the scheduled examinations under oath (EUOs)]” (Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720, 721 [2006]). In this regard, we note that while the affirmation of defendant’s attorney described the office procedures for contacting a claimant 48 hours prior to the scheduled EUO to confirm the appearance, it failed to demonstrate personal knowledge of the office procedures when a claimant failed to appear for the EUOs on the scheduled dates (see American Tr. Ins. Co. v. Lucas, 111 AD3d 423 [2013]). Nor did the affiant state that he was the attorney assigned to conduct the EUOs, (cf. Hertz Corp. v. Active Care Med. Supply Corp., 124 AD3d 411 [2015]).

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