Opinion
2010-657 K C.
Decided October 18, 2011.
Appeal from a decision of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated October 8, 2009, deemed from a judgment of the same court entered February 11, 2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
After the trial of this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant's motion for a directed verdict and dismissed the complaint. The court found that plaintiff had not established that the claim at issue was overdue, as the testimony of plaintiff's witness was not based upon personal knowledge. We agree. Accordingly, the judgment is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.