Opinion
2004868 KC
Decided April 13, 2005.
Appeal by plaintiff from so much of an order of the Civil Court, Kings County (E. Gesmer, J.), entered April 2, 2004, as denied its motion for summary judgment.
Order, insofar as appealed from, unanimously affirmed with $10 costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
In this action to recover first-party no-fault benefits for medical supplies furnished to its assignors, plaintiff moved for summary judgment. However, in support of its motion, plaintiff relied upon an affidavit which did not establish that the affiant had the requisite personal knowledge. As a result, the affidavit was of no probative value ( see Republic W. Ins. Co. v. RCR Bldrs., 268 AD2d 574). Consequently, the court properly denied plaintiff's motion for summary judgment ( see Alvarez v. Prospect Hosp., 68 NY2d 320).