Careplus Med. Supply, Inc. v Allstate Ins. Co.
Annotate this CaseDecided on June 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and NICOLAI, JJ
2008-1864 N C.
Careplus Medical Supply, Inc. a/a/o LUIS RAMIREZ, Appellant,
against
Allstate Insurance Company, Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh,
J.), entered September 8, 2008. The order denied plaintiff's motion for summary judgment.
Order affirmed with $10 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved
for summary judgment. In opposition to the motion, defendant argued, inter alia, that plaintiff
did not make a prima facie showing of its entitlement to judgment
as a matter of law. The District Court denied plaintiff's motion, holding that the affidavit
by plaintiff's billing manager failed to establish a prima facie case because it did not demonstrate
that the documents annexed to plaintiff's motion were admissible as business records. This
appeal by plaintiff ensued.
Plaintiff failed to make a prima facie showing of its entitlement to summary judgment since the affidavit submitted by plaintiff's billing manager failed to establish that the documents annexed to plaintiff's moving papers were admissible pursuant to CPLR 4518 (see Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co., 55 AD3d 644 [2008]; Fortune Med., P.C. v Allstate Ins. Co., 14 Misc 3d 136[A], 2007 NY Slip Op 50243[U] [App Term, 9th & 10th Jud Dists 2007]). Consequently, plaintiff's motion for summary judgment was properly denied.
Rudolph, P.J., Molia and Nicolai, JJ., concur.
Decision Date: June 29, 2009
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