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Allstate Social Work and Psychological Svcs, Pllc As Assignee of Felix Mercy v. Ny City Transit Authority

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


December 16, 2011

ALLSTATE SOCIAL WORK AND PSYCHOLOGICAL SVCS, PLLC AS ASSIGNEE OF FELIX MERCY,
APPELLANT,
v.
NY CITY TRANSIT AUTHORITY,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered July 22, 2009.

Allstate Social Work & Psychological Svcs, PLLC v NY City Tr. Auth.

Decided on December 16, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ

The order denied plaintiff's motion for summary judgment.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which denied its motion for summary judgment. Because the affidavit in support of plaintiff's motion failed to establish that the bills at issue were not timely denied or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law, plaintiff failed to demonstrate its prima facie entitlement to summary judgment (Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; see also Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]).

Accordingly, the order is affirmed.

Steinhardt, J.P., Pesce and Weston, JJ., concur.

Decision Date: December 16, 2011

20111216

© 1992-2011 VersusLaw Inc.



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