Opinion
570686/07.
Decided on March 14, 2008.
Defendants appeal from a judgment of the Civil Court of the City of New York, Bronx County (Larry S. Schachner, J.), dated February 22, 2006, after a nonjury trial, in favor of plaintiff in the principal sum of $4,795.98.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Judgment (Larry S. Schachner, J.), dated February 22, 2006, affirmed, with $25 costs.
Having admitted receipt of plaintiff's claims for no-fault first party benefits, defendants may not now be heard to argue that plaintiff failed to establish that the claims had been mailed and received ( see Fair Price Med. Supply, Inc. v St. Paul Travelers Ins. Co., 16 Misc 3d 8; Devonshire Surgical Facility v GEICO, 16 Misc 3d 130[A], 2007 NY Slip Op 51308[U] [2007]). Defendants waived any objections based on lack of proof of a valid assignment since they did not seek verification of the assignment ( see Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co., 9 NY3d 312). Nor may defendants now assert a defense of excessive fees, inasmuch as they failed to establish the issuance of timely denials of the claims ( see Westchester Med. Ctr. v American Tr. Ins. Co., 17 AD3d 581 [[2005]; New York Hosp. Med. Ctr. of Queens v Country-wide Ins. Co., 295 AD2d 583) or that such a defense was the stated basis for the denial of no-fault benefits ( see Todaro v Geico Gen. Ins. Co., 46 AD3d 1086).