S&M Supply Inc. v Allstate Ins. Co.

[*1] S&M Supply Inc. v Allstate Ins. Co. 2005 NYSlipOp 50543(U) Decided on April 13, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
2004-868 K C

S&M Supply Inc., a/a/o Naum Bergman and Paul Showun, Appellant,

against

Allstate Insurance Company, Respondent.

Appeal by plaintiff from so much of an order of the Civil Court, Kings County (E. Gesmer, J.), entered April 2, 2004, as denied its motion for summary judgment.

Order, insofar as appealed from, unanimously affirmed with $10 costs.

In this action to recover first-party no-fault benefits for medical supplies furnished to its assignors, plaintiff moved for summary judgment. However, in support of its motion, plaintiff relied upon an affidavit which did not establish that the affiant had the
requisite personal knowledge. As a result, the affidavit was of no probative value (see Republic W. Ins. Co. v RCR Bldrs., 268 AD2d 574 [2000]). Consequently, the court
properly denied plaintiff's motion for summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). [*2]
Decision Date: April 13, 2005