Opinion
04-25-2012
Alfa Medical Supplies as Assignee of TERESA D. CORTEZ, Appellant, v. Geico General Ins. Co., Respondent.
PRESENT: : , P.J., RIOS and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine Levine, J.), entered May 24, 2010, deemed from a judgment of the same court entered October 19, 2010 (see CPLR 5512 [a]; Neuman v Otto, 114 AD2d 791 [1985]). The judgment, entered pursuant to the May 24, 2010 order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint. After judgment was entered, plaintiff appealed from the order. We deem plaintiff's appeal to be from the judgment (see CPLR 5512 [a]; Neuman v Otto, 114 AD2d 791 [1985]).
Contrary to plaintiff's contention, the affidavit of defendant's claim representative was sufficient to establish that defendant had timely denied plaintiff's claims (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). As this is the sole issue raised on appeal by plaintiff, the judgment is affirmed.
Pesce, P.J., Rios and Aliotta, JJ., concur.