New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
April 10, 2012
FIVE BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF NATASHA RIDLEY,
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered February 19, 2009.
Five Boro Psychological Servs., P.C. v MVAIC
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 10, 2012
PRESENT: PESCE , P.J., WESTON and RIOS, 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 denying its motion for summary judgment.
The affidavit submitted by plaintiff's billing and collection supervisor in support of plaintiff's motion for summary judgment was insufficient to establish plaintiff's prima facie case (see CPLR 4518 [a]; Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co., 55 AD3d 644 ; 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]). Accordingly, plaintiff's motion for summary judgment was properly denied.
In light of the foregoing, we reach no other issue.
Pesce, P.J., Weston and Rios, JJ., concur. Decision Date: April 10, 2012
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