Opinion
2003-899 K C.
Decided April 27, 2004.
Appeal by plaintiffs from an order of the Civil Court, Kings County (D. Waltrous, J.), entered on April 22, 2003, which denied their motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
Plaintiffs instituted suit to recover first-party no-fault benefits for chiropractic services they provided to the injured assignor in the sum of $2,603.36. In support of their 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 three 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. 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 ( A.B. Med. Servs. PLLC v. State Farm Mut. Auto. Ins. Co., NYLJ, Mar. 18, 2004 [App Term, 9th 10th Jud Dists]), and thus the court correctly determined that plaintiffs failed to make out their prima facie entitlement to summary judgment.