Opinion
2004-1269 K C.
Decided June 3, 2005.
Appeal by plaintiff from so much of an order of the Civil Court, Kings County (A. O'Shea, J.), entered July 7, 2004, as denied its motion for summary judgment.
Order insofar as appealed from unanimously affirmed without costs.
Before: PRESENT: PESCE, P.J., PATTERSON and BELEN, JJ.
In this action to recover first-party no-fault benefits for medical services rendered to its assignor, plaintiff health care provider established its prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue ( see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 AD3d 742; A.B. Med. Servs. PLLC v. Lumbermens Mut. Cas. Co., 4 Misc 3d 86 [App Term, 2d 11th Jud Dists 2004]; Amaze Med. Supply v. Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d 11th Jud Dists]). While defendant timely denied the claim, it nevertheless had to submit proof in admissible form in opposition to the motion to rebut plaintiff's prima facie showing ( A.B. Med. Servs. PLLC, 4 Misc 3d at 86).
Upon a review of the record, we find that defendant sufficiently rebutted plaintiff's prima facie showing by raising the preserved triable issue of fact as to whether it was provided with notice of the accident within 90 days as required by the insurance regulations. Accordingly, the court below properly denied plaintiff's motion for summary judgment ( see e.g. Hackensack Univ. Med. Ctr. v. New York City Tr. Auth., 10 AD3d 675).