Opinion
570161/07.
Decided on January 18, 2008.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), dated February 4, 2005, which granted plaintiff's pretrial motion to preclude defendant's denial of claim forms and directed judgment in favor of plaintiff in the principal sum of $8,715.82.
Order (Francis M. Alessandro, J.), dated February 4, 2004, reversed, with $10 costs, motion denied and matter remanded for further proceedings.
In this action to recover first party no-fault benefits, plaintiff's motion to preclude defendant's NF-10 denial of claim forms should have been denied. Defendant's NF-10 forms, which stated that each claim was denied based upon an independent consultant's review, sufficiently apprised plaintiff of the factual basis for the denials ( see 11 NYCRR 65-3.8 [b][4]; A.B. Med. Servs., PLLC v GEICO Cas. Ins. Co., 39 AD3d 778).