Opinion
2007-1843 K C.
Decided October 1, 2010.
Appeal from a decision of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), dated May 31, 2007, deemed from a judgment of the same court entered February 10, 2009 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,462.12.
ORDERED that the judgment is reversed without costs and the complaint is dismissed.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
At the nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, plaintiff proffered a series of documents, including NF-3 verification of treatment forms, and sought to lay a foundation for their admission under CPLR 4518 by means of the testimony of its sole witness, the billing manager for Advanced Health Care Solutions, a company that was hired by plaintiff to handle the submission of plaintiff's no-fault claim forms. Defendant objected to the documents' admission, arguing that the billing manager was not competent to lay a foundation therefor. The Civil Court admitted the documents into evidence and thereafter found in favor of plaintiff. Defendant appealed from the court's decision. A judgment was subsequently entered, from which we deem the appeal to be taken ( see CPLR 5520 [c]).
For the reasons stated in Andrew Carothers, M.D., P.C. v GEICO Indem. Co. ( 24 Misc 3d 19 [App Term, 2d, 11th 13th Jud Dists 2009]) and Andrew Carothers, M.D., P.C. v GEICO Indem. Co. ( 26 Misc 3d 126 [A], 2009 NY Slip Op 52596[U] [App Term, 2d, 11th 13th Jud Dists 2009]), we conclude that the documents should not have been admitted into evidence. Since, absent their admission, plaintiff did not set forth a prima facie case, the judgment is reversed and the complaint is dismissed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.