SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
September 13, 2012
ARCO MEDICAL NY, P.C., MEGACURE ACUPUNCTURE, P.C. AND CHIROPRACTIC BACK CARE OF QUEENS VILLAGE AS ASSIGNEES OF AWATIF MOHAMMED,
COUNTRY-WIDE INSURANCE COMPANY, RESPONDENT.
Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered January 12, 2011.
Arco Med. NY, P.C. v Country-Wide Ins. Co.
Decided on September 13, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., RIOS and ALIOTTA, JJ
The order, insofar as appealed from, denied plaintiffs' motion for summary judgment.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action by providers to recover assigned first-party no-fault benefits, plaintiffs appeal from so much of an order of the Civil Court as denied their motion for summary judgment.
Upon a review of the record, we find that the affidavit in support of plaintiffs' motion failed to establish that the bills at issue had not been timely denied or that defendant had issued timely denials of claim that were conclusory, vague or without merit as a matter of law. Thus, plaintiffs failed to demonstrate their 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 ).
Accordingly, the order, insofar as appealed from, is affirmed.
Pesce, P.J., Rios and Aliotta, JJ., concur. Decision Date: September 13, 2012
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