Opinion
2007-1326 K C.
Decided May 8, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), dated July 23, 2007. The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment.
Order, insofar as appealed from, affirmed without costs.
PRESENT: WESTON, J.P., GOLIA and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff failed to respond to verification requests. The Civil Court denied plaintiff's motion for summary judgment and granted defendant's cross motion. Plaintiff appeals, as limited by its brief, from so much of the order as granted defendant's cross motion.
On appeal, plaintiff argues that defendant failed to establish the mailing of the verification requests because the affidavit of defendant's claims specialist did not demonstrate personal knowledge of such mailing or set forth defendant's standard office practices and procedures used to ensure that such requests are properly addressed and mailed. Contrary to plaintiff's contention, the affidavit of defendant's claims specialist sufficiently established the mailing of the verification requests ( see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. , 17 Misc 3d 16 [App Term, 2d 11th Jud Dists 2007]).
Plaintiff's remaining contentions either lack merit or are improperly raised for the first time on appeal.
Accordingly, the order, insofar as appealed from, is affirmed.
Weston, J.P., Golia and Steinhardt, JJ., concur.