Opinion
2008-1960 N C.
Decided June 29, 2009.
Appeal from an order of the District Court of Nassau County, Third District (Robert A. Bruno, J.), dated June 30, 2008, deemed from an amended order entered September 24, 2008 (see CPLR 5520 [c]). The amended order denied plaintiffs' motion for summary judgment.
Amended order affirmed without costs.
PRESENT: RUDOLPH, P.J., TANENBAUM and NICOLAI, JJ.
In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for summary judgment. In opposition to the motion, defendant argued, inter alia, that plaintiffs had failed to lay a foundation for the admission, as business records, of the documents annexed to their motion. The District Court denied plaintiffs' motion on the ground that the affidavit of plaintiffs' billing manager was insufficient to satisfy the business records exception to the hearsay rule. This appeal by plaintiffs ensued.
Plaintiffs failed to make a prima facie showing of their entitlement to summary judgment since the affidavit submitted by plaintiffs' billing manager failed to establish that the documents annexed to plaintiffs' moving papers were admissible pursuant to CPLR 4518 ( 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, plaintiffs' motion for summary judgment was properly denied.
In light of the foregoing, we reach no other issue.
Rudolph, P.J., Tanenbaum and Nicolai, JJ., concur.