Opinion
2007-1803 Q C.
Decided on January 9, 2009.
Appeal from a decision of the Civil Court of the City of New York, Queens County (Robert D. Kalish, J.), dated January 8, 2007, deemed from a judgment of the same court entered November 9, 2007 (see CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.
Judgment affirmed without costs.
PRESENT: WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff offered a notice to admit and an affirmation made by defendant's attorney in order to prove its prima facie case at trial. Plaintiff then rested without calling any witnesses. The court found that plaintiff, having failed to produce a witness, failed to make its prima facie case, and dismissed the complaint. For the reasons set forth in Bajaj v General Assur. ( 18 Misc 3d 25 [App Term, 2d 11th Jud Dists 2007]), we affirm the judgment.
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.