Mollins v Allstate Ins. Co.
Annotate this CaseDecided on July 28, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ
570716/07.
Jeff Mollins, DC, a/a/o Lashone Adams, Plaintiff-Appellant, - -
against
Allstate Insurance Company, Defendant-Respondent.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Manuel Mendez, J.), entered October 12, 2006, which, inter alia, denied its motion for
partial summary judgment in the principal sum of $2,527.50.
Per Curiam.
Order (Manuel Mendez, J.), entered October 12, 2006, reversed, with $10 costs, and plaintiff's motion for partial summary judgment in the principal sum of $2,527.50 granted. The Clerk is directed to enter judgment accordingly.
In this action to recover first party no-fault benefits, plaintiff made a prima facie showing of
entitlement to partial judgment by submitting evidentiary proof that the prescribed statutory
billing forms had been mailed and received, and that payment of no-fault benefits was overdue
(see Insurance Law § 5106[a]; 11 NYCRR 65-3.8[a][1]; Mary Immaculate Hosp. v Allstate Ins.
Co., 5 AD3d 742 [2004]; Fair
Price Med. Supply, Inc. v St. Paul Travelers Inc. Co., 16 Misc 3d 8 [2007]). In
opposition, defendant failed to raise a triable issue since it did not submit the IME report upon
which its denials were based or any other evidentiary proof to support its defense of lack of
medical necessity (see Vista Surgical Supplies, Inc. Travelers Ins. Co., 50 AD3d 778
[2008]; Response Med. Equip. v
General Assur. Co., 13 Misc 3d 129[A], 2006 NY Slip Op 51765[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: July 28, 2008
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