Contrary to the determination of the court below, plaintiffs did not have to establish the validity of the assignments as part of their prima facie case. Defendant's failure to seek verification of the assignments, or to allege any deficiency in the assignments in its denial of claim forms, constitutes a waiver of any defenses with respect thereto ( see New York Hosp. Med. Ctr. of Queens v New York Cent. Mut. Fire Ins. Co., 8 AD3d 640; PresbyterianHosp. in City of N.Y. v Aetna Cas. Sur. Co., 233 AD2d 433; Medwide Med. Supply Inc. v Country-Wide Ins. Co., 8 Misc 3d 131 [A], 2005 NY Slip Op 51078[U] [App Term, 2d 11th Jud Dists]; A.B. Med. Servs. PLLC v Nationwide Mut. Ins. Co., 6 Misc 3d 70 [App Term, 2d 11th Jud Dists 2004]). It is uncontroverted that defendant timely denied plaintiff A.B. Medical Services PLLC's $604.24 claim based upon the conclusions of an affirmed peer review report which was annexed to the denial.
We note, in any event, that a nurse's unsworn peer review report is inadmissible and therefore of no probative value ( Dombrowski v Moore, 299 AD2d 949, 951), and defendant offered no excuse for its failure to submit the report in admissible form ( Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1068). Moreover, a nurse is a mere lay informant for purposes of medical diagnosis and treatment, and is not competent to render medical opinions ( Dombrowski v Moore, 299 AD2d at 951) absent an accounting of his or her training, observations or experience sufficient to establish such competence ( Medwide Med. Supply Inc. v Country-Wide Ins. Co., 8 Misc 3d 131 [A], 2005 NY Slip Op 51078[U] [App Term, 2d 11th Jud Dists 2005]; Jamil M. Abraham M.D. P.C. v Country-Wide Ins. Co., 3 Misc 3d 130 [A], 2004 NY Slip Op 50388[U] [App Term, 2d 11th Jud Dists 2004]; see People v Morehouse, 5 AD3d 925, 928; People v Munroe, 307 AD2d 588, 591).