E. Coast Psychological, P.C. v. Allstate Ins.

Full title: EAST COAST PSYCHOLOGICAL, P.C. A/A/O RICARDO RODRIGUEZ, JOSE RODRIGUEZ…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 20, 2006

2006 N.Y. Slip Op. 52000 (N.Y. App. Term 2006)

Opinion

06-242.

Decided October 20, 2006.

Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered January 25, 2006, which granted plaintiff's motion for summary judgment.

Order (Francis M. Alessandro, J.), entered January 25, 2006, affirmed, with $10 costs.

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ

PER CURIAM:

Plaintiff health care provider established a prima facie entitlement to summary judgment by submitting "evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue" ( see Insurance Law § 5106[a]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 AD3d 742). Plaintiff sufficiently described a standard office procedure designed to ensured that the claims forms were properly addressed and mailed ( see Nassau Ins. Co. v. Murray, 46 NY2d 828, 830). In opposition, defendant failed to raise any triable issues of fact.

This constitutes the decision and order of the court.

I concur.