Cablevision Systems Corp. v. Malandra (In Re Malandra)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an affidavits by creditor’s counsel, indicating that counsel did not receive notice of the debtor’s case, were insufficient to rebut the presumption of receipt
• holding that addressee’s allegation of non-receipt is insufficient to rebut the presumption
• finding rebuttal insufficient where affidavits merely (i) recounted the recipient's mail processing procedures, (ii) averred that had the relevant document been received it would have been seen, and (iii
• affidavits provided by the creditor recounting its law firm's mail processing procedure were insufficient to rebut the presumption
• “The federal courts in New York.. .‘hold quite uniformly that an affidavit of non-receipt is insufficient to rebut the presumption of receipt’ ”
• affidavit of non-receipt is insufficient

Source: CourtListener parenthetical corpus (CC0).