Opinion
2007-112 Q C.
Decided March 10, 2008.
Appeal from an order of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered May 8, 2006. The order granted plaintiff's motion for summary judgment.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
Order reversed without costs and plaintiff's motion for summary judgment denied.
In this action by a provider to recover first-party no-fault benefits, plaintiff moved for summary judgment. The court below granted the motion, and this appeal by defendant ensued.
On appeal, defendant asserts that the affidavit of plaintiff's corporate officer, submitted in support of the motion, failed to lay a proper foundation for the admission of the documents annexed to plaintiff's moving papers and that, as a result, plaintiff failed to establish a prima facie case. We agree. The affidavit submitted by plaintiff's corporate officer was insufficient to establish that said officer possessed personal knowledge of plaintiff's practices and procedures so as to lay a foundation for the admission, as business records, of the documents annexed to plaintiff's moving papers. Accordingly, plaintiff failed to make a prima facie showing of its entitlement to summary judgment ( see Bath Med. Supply, Inc. v Deerbrook Ins. Co., 14 Misc 3d 135[A], 2007 NY Slip Op 50179[U] [App Term, 2d 11th Jud Dists 2007]; Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co., 14 Misc 3d 44 [App Term, 2d 11th Jud Dists 2006]). Accordingly, the order is reversed and plaintiff's motion for summary judgment denied.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.