Opinion
2005-229 NC.
Decided February 27, 2006.
Appeal from an order of the District Court of Nassau County, First District (Howard S. Miller, J.), dated December 20, 2004. The order denied plaintiff's motion for summary judgment with leave to renew upon submission of proper papers.
Order unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ
In an action to recover first-party no-fault benefits, a plaintiff provider establishes a prima facie entitlement to summary judgment by proof of submission of statutory claim forms, setting forth the fact and amounts of the losses 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). Further, the necessary claim forms must be appended to plaintiff's motion papers in order to establish a prima facie case ( see A.B. Med. Servs. PLLC v. State Farm Mut. Auto. Ins. Co., 7 Misc 3d 127 [A], 2005 NY Slip Op 50432[U] [App Term, 2d 11th Jud Dists]).
In support of plaintiff's motion, plaintiff's attorney indicated that appended thereto were the subject claim forms being sued upon. Such affirmation by an attorney without personal knowledge does not constitute a proper vehicle for the admissibility of the claim forms ( see Zuckerman v. City of New York, 49 NY2d 557, 563). Moreover, the affidavit of plaintiff provider made no specific reference to the appended claim forms. Under the circumstances, plaintiff's motion for summary judgment was properly denied with leave to renew upon submission of proper papers.
We note that the court below correctly determined that a nurse's peer review may be competent to establish the admissibility of the medical opinions and conclusions contained therein provided that the reviewer's training, observations and actual experience to render such opinions are sufficiently set forth ( see People v. Lewis, 16 AD3d 173; Abraham v. Country-Wide Ins. Co., 3 Misc 3d 130 [A], 2004 NY Slip Op 50388[U] [App Term, 2d 11th Jud Dists]).
In view of the determination herein, we reach no other issue.