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Life Chiropractic, P.C. A/A/O Reginald Wooden v. Farm Family Casualty Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


June 18, 2009

LIFE CHIROPRACTIC, P.C. A/A/O REGINALD WOODEN,
APPELLANT,
v.
FARM FAMILY CASUALTY INSURANCE COMPANY,
RESPONDENT.

Appeal from an order of the District Court of Nassau County, Third District (Rhonda E. Fischer, J.), entered June 11, 2008.

The opinion of the court was delivered by: Scheinkman, J.,

Life Chiropractic, P.C. v Farm Family Cas. Ins. Co.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 18, 2009

PRESENT: TANENBAUM, J.P., MOLIA and SCHEINKMAN, JJ

The order denied plaintiff's motion for summary judgment.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion, arguing, inter alia, that plaintiff's supporting affidavit failed to establish that the annexed claim form constituted evidence in admissible form. The District Court denied plaintiff's motion. Plaintiff appeals and we affirm.

Plaintiff failed to make a prima facie showing of its entitlement to summary judgment since the affidavit submitted by plaintiff's billing manager failed to establish that the documents annexed to plaintiff's moving papers were admissible pursuant to CPLR 4518 (see Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co., 55 AD3d 644 [2008]; Fortune Med., P.C. v Allstate Ins. Co., 14 Misc 3d 136[A], 2007 NY Slip Op 50243[U] [App Term, 9th & 10th Jud Dists 2007]). Consequently, plaintiff's motion for summary judgment was properly denied. Accordingly, the order is affirmed.

Tanenbaum, J.P., and Molia, J., concur.

Scheinkman, J., taking no part.

Decision Date: June 18, 2009

20090618

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