Opinion
2002-1688 K C.
Decided March 26, 2004.
Appeal by plaintiff from so much of an order of the Civil Court, Kings County (M. Solomon, J.), dated October 10, 2002, as denied its motion for summary judgment.
Order unanimously modified by providing that plaintiff's motion for summary judgment is granted for the principal sum of $1,018.47 and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees; as so modified, affirmed without costs.
PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.
Plaintiff sued to recover first-party no-fault benefits for medical supplies it provided to the injured assignor. Plaintiff's moving papers established a prima facie case for summary
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judgment ( Amaze Med. Supply Inc. v. Eagle Ins. Co., NYLJ, Dec. 29, 2003 [App Term, 2d 11th Jud Dists]).
In opposition to plaintiff's motion, defendant submitted only a portion of an unsworn letter from its medical expert which as submitted did not set forth a factual basis and medical rationale for the rejection of coverage on the ground that it was not medically necessary. Accordingly, plaintiff's motion should be granted and the matter is remanded to the court below for a calculation of the statutory interest and an assessment of attorney's fees ( see Insurance Law § 5106 [a]; 11 NYCRR 65.15 [h] [1]; 65.17 (b) (6); see also St. Clare's Hosp. v. Allstate Ins. Co., 215 AD2d 641).