April 27, 2004

A.B. Med. Servs. v Allstate Ins. Co. (2004 NY Slip Op 50373(U))

Headnote

The providers' billing affidavit failed to establish their prima facie case because it did not identify which of three providers it covered. The providers sought summary judgment for no-fault benefits for chiropractic services rendered to their assignor. The affiant claimed to be practice and billing manager and an officer of "plaintiff." Two providers shared an address, while the third had a different address. The court could not assume that the affiant acted for a particular provider or all three, so the affidavit did not establish submission of properly completed claim forms. The Appellate Term, Second Department, affirmed the denial of the providers' motion.

Reported in New York Official Reports at A.B. Med. Servs. v Allstate Ins. Co. (2004 NY Slip Op 50373(U))

[*1]
A.B. Med. Servs. v Allstate Ins. Co.
2004 NY Slip Op 50373(U)
Decided on April 27, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-899 K C
A.B. MEDICAL SERVICES, PLLC, D.A.V. CHIROPRACTIC P.C., DANIEL KIM’S ACUPUNCTURE, P.C. a/a/o Alexander Lakhtikov, Appellants,

against

ALLSTATE INSURANCE COMPANY, Respondent.

Appeal by plaintiffs from an order of the Civil Court, Kings County (D. Waltrous, J.), entered on April 22, 2003, which denied their motion for summary judgment.

Order unanimously affirmed without costs.

Plaintiffs instituted suit to recover first-party no-fault benefits for chiropractic services they provided to the injured assignor in the sum of $2,603.36. In support of their motion, plaintiffs submitted an affidavit in which Bella Safir states that she is the “practice and billing manager” and “an officer of plaintiff,” even though there are three distinct plaintiffs in this matter. Although A.B. Medical Services, PLLC and D.A,V.
Chiropractic P.C. have the same business address, Daniel Kim’s Acupuncture, P.C. has a different address. The affidavit does not indicate for which plaintiff she is the billing manager, and this court cannot assume that she is acting on behalf of one particular plaintiff, or on behalf of all of the plaintiffs. Consequently, this affidavit is insufficient to establish that plaintiffs provided defendant with properly completed claim forms (A.B. Med. Servs. PLLC v State Farm Mut. Auto. Ins. Co., NYLJ, Mar. 18, 2004 [App Term, 9th & 10th Jud Dists]), and thus the court correctly determined that plaintiffs failed to make out their prima facie entitlement to summary judgment.
Decision Date: April 27, 2004

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