Opinion
2008-1518 K C.
Decided January 29, 2010.
Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered September 28, 2007. The order denied plaintiff's motion for summary judgment.
ORDERED that the order is affirmed without costs.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ.
In this action by a provider to recover first-party no-fault benefits, plaintiff's motion for summary judgment was supported by an affirmation of plaintiff's counsel, an "affidavit" by plaintiff's owner which was unsigned, and various documents annexed thereto. In opposition to plaintiff's motion, defendant asserted that the "affidavit" of plaintiff's owner was insufficient to establish plaintiff's prima facie case. The Civil Court denied plaintiff's motion on the ground that plaintiff had failed to submit an affidavit bearing the signature of the purported affiant. This appeal by plaintiff ensued.
Since the "affidavit" was not signed by the purported affiant, it did not constitute evidence in admissible form ( see Hargrove v Baltic Estates, 278 AD2d 278; Huntington Crescent Country Club v M M Auto Mar. Upholstery, 256 AD2d 551; New Dorp Ch. 2712 of AARP, Inc. v A.A.W. Travel, Inc. , 22 Misc 3d 141[A], 2009 NY Slip Op 50442[U] [App Term, 2d, 11th 13th Jud Dists 2009]; Comprehensive Mental Assessment Med. Care v Merchants Businessmen's Mut. Ins. Co., 196 Misc 2d 134). As the affirmation of plaintiff's counsel was insufficient to establish plaintiff's prima facie case ( Midborough Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co. , 13 Misc 3d 132[A], 2006 NY Slip Op 51879[U] [App Term, 2d 11th Jud Dists 2006]), plaintiff's motion for summary judgment was properly denied.
Pesce, P.J., Weston and Rios, JJ., concur.