Opinion
2004-1251 K C
Decided June 9, 2005.
Appeal by plaintiff from so much of an order of the Civil Court, Kings County (E. Spodek, J.), entered July 8, 2004, as denied its motion for summary judgment.
Order insofar as appealed from unanimously reversed without costs, plaintiff's motion for summary judgment granted and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees.
Before: PRESENT: PESCE, P.J., PATTERSON and BELEN, JJ.
In this action to recover first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue ( see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 AD3d 742; Amaze Med. Supply v. Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d 11th Jud Dists]). In opposition to plaintiff's motion for summary judgment, defendant's attorney made the conclusory allegation, without personal knowledge of the facts, that it had sent several requests for independent medical examinations and that plaintiff's assignor failed to appear. Since defendant likewise failed to describe the standard office practice or procedures it used to ensure that such requests were properly addressed and mailed ( see Residential Holding Corp. v. Scottsdale Ins. Co., 286 AD2d 679), defendant failed to create a triable issue of fact ( Fair Price Med. Supply Corp., v. General Assur. Co., 6 Misc 3d 137[A], 2005 NY Slip Op 50256[U] [App Term, 2d 11th Jud Dists]). Accordingly, plaintiff's motion for summary judgment is granted and the matter remanded for the calculation of statutory interest and an assessment of attorney's fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.