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A.B. Med. Serv. PLLC v. State Farm Mut. Auto. Ins.

Appellate Term of the Supreme Court of New York, Second Department
Mar 12, 2004
2004 N.Y. Slip Op. 50903 (N.Y. App. Term 2004)

Opinion

2003-612 N C.

Decided March 12, 2004.

Appeal by plaintiffs from so much of an order of the District Court, Nassau County (S. Kluewer, J.), entered December 2, 2002, as denied their motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.


Plaintiffs commenced this action to recover first-party no-fault benefits for medical services rendered to their assignor, as well as statutory interest and attorney's fees, pursuant to Insurance Law § 5101 et seq. Thereafter, plaintiffs moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Both motions were denied by order entered December 2, 2003.

In support of its motion, plaintiffs submitted an affidavit in which Bella Safir states that she is the "practice and billing manager" and "an officer of plaintiff," even though there are four distinct plaintiffs in this matter. Although A.B. Medical Services, PLLC and D.A.V. Chiropractic, P.C. have the same business address, Daniel Kim's Acupuncture, P.C. has a different address and no address is provided for G.A. Physical Therapy, P.C. The affidavit does not indicate for which plaintiff she is the billing manager, and this court cannot assume that she is acting on behalf of one particular plaintiff, or on behalf of all of the plaintiffs. Consequently, this affidavit is insufficient to establish that plaintiffs provided defendant with properly completed claim forms ( see Damadian MRI in Elmhurst, P.C. v. Liberty Mut. Ins. Co., NYLJ, Dec. 29, 2003 [App Term, 9th 10th Jud Dists]; Amaze Med. Supply Inc. v. Eagle Ins. Co., NYLJ, Dec. 29, 2003 [App Term, 2d 11th Jud Dists]), and we find that the court below correctly determined that plaintiffs failed to make out their prima facie entitlement to summary judgment.


Summaries of

A.B. Med. Serv. PLLC v. State Farm Mut. Auto. Ins.

Appellate Term of the Supreme Court of New York, Second Department
Mar 12, 2004
2004 N.Y. Slip Op. 50903 (N.Y. App. Term 2004)
Case details for

A.B. Med. Serv. PLLC v. State Farm Mut. Auto. Ins.

Case Details

Full title:A.B. MEDICAL SERVICES PLLC DANIEL KIM'S ACUPUNCTURE P.C.D.A.V…

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

Date published: Mar 12, 2004

Citations

2004 N.Y. Slip Op. 50903 (N.Y. App. Term 2004)

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