Opinion
No. 2010–2881KC.
2012-08-23
BLR CHIROPRACTIC, P.C. as Assignee of Santa Vasquez, Appellant, v. GEICO, Respondent.
Present: PESCE, P.J., RIOS and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered July 19, 2010. The order granted defendant's cross motion for summary judgment dismissing the complaint.
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 of the Civil Court granting defendant's cross motion for summary judgment dismissing the complaint.
Contrary to plaintiff's only arguments on appeal, defendant was not required to attach plaintiff's bills to its motion ( see Five Boro Psychological Servs., P.C. v. Progressive Northeastern Ins. Co., 32 Misc.3d 136[A], 2011 N.Y. Slip Op 51528[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ), and defendant did establish the timely mailing of the verification requests and denials at issue ( see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008];Delta Diagnostic Radiology, P.C. v. Chubb Group of Ins., 17 Misc.3d 16 [App Term, 2d & 11th Jud Dists 2007] ). Accordingly, the order is affirmed.