Opinion
No. 2014–355 Q C.
09-15-2016
TAM MEDICAL SUPPLY CORP., as Assignee of Markens Belfort, Appellant, v. 21ST CENTURY INSURANCE COMPANY, Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 10, 2014. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment, and granted defendant's cross motion for summary judgment dismissing the complaint as premature because plaintiff had failed to provide requested verification.
Contrary to plaintiff's only contentions with respect to defendant's cross motion, defendant's submissions were sufficient to give rise to a presumption that the initial and follow-up verification requests had been properly mailed (see St. Vincent's Hosp. of Richmond.v.Government Empls. Ins. Co., 50 AD3d 1123 [2008] ), and to demonstrate that it had not received the requested verification and, thus, that the action is premature (see Central Suffolk Hosp.v.New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005] ). Consequently, plaintiff has shown no basis to disturb the Civil Court's order.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.