Quality Psychological Servs., P.C. v Citywide Auto Leasing

[*1] Quality Psychological Servs., P.C. v Citywide Auto Leasing 2012 NY Slip Op 51341(U) Decided on July 12, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 12, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-1311 K C.

Quality Psychological Services, P.C. as Assignee of PAUL STEVENSON, Appellant,

against

Citywide Auto Leasing, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Nancy M. Bannon, J.), entered March 24, 2011. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

ORDERED that the order is affirmed, without 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 and denied plaintiff's cross motion for summary judgment.

The affidavit of defendant's claims manager established that defendant had timely mailed requests and follow-up requests for verification (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]) and that plaintiff had failed to respond to the requests. The affidavit plaintiff submitted in opposition to defendant's motion was insufficient to establish that plaintiff had responded to defendant's verification requests since the affiant failed to state who had allegedly provided responses to defendant's verification requests, or how and when such responses had been provided. [*2]

Accordingly, the order is affirmed as the action is premature (see Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d 903 [2007]).

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: July 12, 2012