Opinion
2008-1861 N C.
Decided October 6, 2009.
Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), entered September 8, 2008. The order denied plaintiff's motion for summary judgment.
ORDERED that the order is affirmed without costs.
PRESENT: MOLIA, J.P., NICOLAI and TANENBAUM, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. In opposition, defendant argued, inter alia, that plaintiff failed to make a prima facie showing of its entitlement to judgment as a matter of law. The District Court denied plaintiff's motion, holding that the affidavit of plaintiff's president and medical biller was insufficient to establish that plaintiff's claim forms were admissible as business records. This appeal by plaintiff ensued.
Plaintiff failed to make a prima facie showing of its entitlement to summary judgment since the affidavit submitted by plaintiff's president and medical biller failed to establish that the documents annexed to plaintiff's moving papers were admissible pursuant to CPLR 4518 ( see Art of Healing Medicine, P.C. v Travelers Home Mar. Ins. Co. , 55 AD3d 644 ; Fortune Med., P.C. v Allstate Ins. Co. , 14 Misc 3d 136 [A], 2007 NY Slip Op 50243[U] [App Term, 9th 10th Jud Dists 2007]). Consequently, plaintiff's motion for summary judgment was properly denied. In view of the foregoing, we reach no other issue.
Molia, J.P., Nicolai and Tanenbaum, JJ., concur.