Opinion
570716/07.
Decided July 28, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Manuel Mendez, J.), entered October 12, 2006, which, inter alia, denied its motion for partial summary judgment in the principal sum of $2,527.50.
Order (Manuel Mendez, J.), entered October 12, 2006, reversed, with $10 costs, and plaintiff's motion for partial summary judgment in the principal sum of $2,527.50 granted. The Clerk is directed to enter judgment accordingly.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ.
In this action to recover first party no-fault benefits, plaintiff made a prima facie showing of entitlement to partial 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]; 11 NYCRR 65-3.8[a][1]; Mary Immaculate Hosp. v Allstate Ins. Co. , 5 AD3d 742 ; Fair Price Med. Supply, Inc. v St. Paul Travelers Inc. Co. , 16 Misc 3d 8 ). In opposition, defendant failed to raise a triable issue since it did not submit the IME report upon which its denials were based or any other evidentiary proof to support its defense of lack of medical necessity ( see Vista Surgical Supplies, Inc. Travelers Ins. Co., 50 AD3d 778; Response Med. Equip. v General Assur. Co. , 13 Misc 3d 129[A], 2006 NY Slip Op 51765[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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