Opinion
2010-1022 K C
12-16-2011
Allstate Social Work and Psychological Svcs, PLLC as Assignee of FELIX MERCY, Appellant, v. NY City Transit Authority, Respondent.
PRESENT: : , J.P., PESCE and WESTON, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered July 22, 2009. The order denied plaintiff's motion for summary judgment.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which denied its motion for summary judgment. Because the affidavit in support of plaintiff's motion failed to establish that the bills at issue were not timely denied or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law, plaintiff failed to demonstrate its prima facie entitlement to summary judgment (Ave T MPC Corp. v Auto One Ins. Co., 32 Misc 3d 128[A], 2011 NY Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; see also Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]).
Accordingly, the order is affirmed.
Steinhardt, J.P., Pesce and Weston, JJ., concur.