Opinion
2008-866 K C.
Decided on May 28, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered March 13, 2008. The order, insofar as appealed from as limited by the brief, denied plaintiff's motion for summary judgment.
Appeal dismissed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied plaintiff's motion for summary judgment, finding that the affidavit plaintiff submitted in support of the motion was insufficient to lay a foundation for the admission, as business records, of the documents annexed to its moving papers. The court granted defendant's cross motion for summary judgment dismissing the complaint, holding that defendant established the lack of medical necessity for the supplies provided, and noting that "[p]laintiff did not file any opposition to rebut defendant's evidence." As limited by its brief, plaintiff appeals from so much of the order as denied its motion for summary judgment, arguing that its motion papers demonstrated a prima facie entitlement to summary judgment.
Inasmuch as plaintiff does not offer any argument as to why this court should reverse the portion of the order which granted defendant's cross motion for summary judgment, we need not reach the only issue raised by plaintiff, i.e., whether plaintiff established its prima facie entitlement to summary judgment, since the ultimate outcome of the case would, in any event, not be altered.
Pesce, P.J., Golia and Rios, JJ., concur.