Opinion
2009-2145 K C.
10-11-2011
Lynbrook Medical, P.C. and NEW LIFE MEDICAL, P.C. as Assignees of XIOMARA CAMACHO, Appellants, v. GEICO General Insurance Company, Respondent.
PRESENT: : , P.J., RIOS and STEINHARDT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered August 18, 2009. The order, insofar as appealed from as limited by the brief, 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 moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint. By order entered August 18, 2009, insofar as appealed from, the Civil Court denied plaintiffs' motion for summary judgment.
Defendant established that the denial of claim forms, which denied plaintiffs' claims on the grounds of lack of medical necessity and that payment had been made in accordance with the workers' compensation fee schedule, had been timely mailed in accordance with defendant's standard office practices and procedures (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]). Inasmuch as plaintiffs failed to show that the grounds for the denials were conclusory, vague or without merit as a matter of law, plaintiffs failed to make a prima facie showing of their entitlement to judgment as a matter of law (see Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]). As a result, we need not consider the sufficiency of defendant's paper's submitted in opposition to the motion (see id.). Accordingly, the order, insofar as appealed from, is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.