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Amaze Med. Sup. v. Travelers Prop. Cas.

Appellate Term of the Supreme Court of New York, Second Department
Jun 25, 2009
2009 N.Y. Slip Op. 51357 (N.Y. App. Term 2009)

Opinion

2008-1959 N C.

Decided June 25, 2009.

Appeal from an order of the District Court of Nassau County, Third District (Robert A. Bruno, J.), entered September 24, 2008. The order denied plaintiff's motion for summary judgment.

Order affirmed with $10 costs.

PRESENT: RUDOLPH, P.J., MOLIA and NICOLAI, JJ.


In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. In opposition to the motion, defendant argued, inter alia, that plaintiff did not make a prima facie showing of its entitlement to judgment as a matter of law. The District Court denied plaintiff's motion, holding that the affidavit by plaintiff's biller failed to establish a prima facie case because it did not demonstrate that the documents annexed to plaintiff's motion were admissible as business records. This appeal by plaintiff ensued.

Plaintiff failed to make a prima facie showing of its entitlement to summary judgment since the affidavit submitted by plaintiff's biller 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; 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]). Plaintiff's remaining contentions are wholly without merit. Consequently, plaintiff's motion for summary judgment was properly denied.

Rudolph, P.J., and Nicolai, J., concur.

Molia, J., taking no part.


Summaries of

Amaze Med. Sup. v. Travelers Prop. Cas.

Appellate Term of the Supreme Court of New York, Second Department
Jun 25, 2009
2009 N.Y. Slip Op. 51357 (N.Y. App. Term 2009)
Case details for

Amaze Med. Sup. v. Travelers Prop. Cas.

Case Details

Full title:AMAZE MEDICAL SUPPLY, INC. a/a/o VICTOR DEPAZ, Appellant, v. TRAVELERS…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 25, 2009

Citations

2009 N.Y. Slip Op. 51357 (N.Y. App. Term 2009)
890 N.Y.S.2d 368