Opinion
2015–1076 K C
12-19-2017
SHIROM ACUPUNCTURE, P.C., as Assignee of Amalia Madera, Appellant, v. 21ST CENTURY NATIONAL INS. CO., Respondent.
Gary Tsirelman, P.C. (Douglas Mace, Esq.), for appellant. Law Offices of Buratti, Rothenberg & Burns (Kenneth F. Popper, Esq.), for respondent.
Gary Tsirelman, P.C. (Douglas Mace, Esq.), for appellant.
Law Offices of Buratti, Rothenberg & Burns (Kenneth F. Popper, Esq.), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that it had fully paid plaintiff for the services at issue in accordance with the workers' compensation fee schedule.
Contrary to plaintiff's contention, the proof submitted by defendant was sufficient to establish the proper mailing of the denial of claim forms at issue (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co. , 50 AD3d 1123 [2008] ). Plaintiff's remaining contention lacks merit.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.