A.B. Med. Servs., PLLC v AMEX Assur. Co.

[*1] A.B. Med. Servs., PLLC v AMEX Assur. Co. 2015 NY Slip Op 51296(U) Decided on August 26, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 26, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ.
2007-60 K C

A.B. Medical Services, PLLC, D.A.V. CHIROPRACTIC, P.C. and LVOV ACUPUNCTURE, P.C. as Assignees of RINDA GORODETSKY, Respondents, -

against

AMEX Assurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered October 25, 2006. The order granted plaintiffs' cross motion for partial summary judgment.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted plaintiffs' cross motion for partial summary judgment. On appeal, defendant contends that plaintiffs failed to establish a prima facie entitlement to judgment as a matter of law upon their cross motion for partial summary judgment, because the affidavit of plaintiffs' billing manager failed to lay a proper foundation to establish that the documents annexed to plaintiffs' moving papers constituted evidence in admissible form. However, such proof is not required (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]). Inasmuch as defendant's remaining contention lacks merit, the order is affirmed.

The decision and order of this court entered herein on March 13, 2008 (19 Misc 3d 130[A], 2008 NY Slip Op 50543[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).

Pesce, P.J., and Weston, J., concur.

Rios, J., taking no part.

Decision Date: August 26, 2015