June 2, 2009
A.B. Med. Servs., PLLC v Country-Wide Ins. Co. (2009 NY Slip Op 51130(U))
https://www.beynensonlaw.com/case-law/a-b-med-servs-pllc-v-country-wide-ins-co-2009-ny-slip-op51130u/
- Decided
- June 2, 2009
- Citation
- 2009 NY Slip Op 51130(U) · 23 Misc 3d 145(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Legal questions
- Claimant's prima facie case on motions (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at A.B. Med. Servs., PLLC v Country-Wide Ins. Co. (2009 NY Slip Op 51130(U))
| A.B. Med. Servs., PLLC v Country-Wide Ins. Co. |
| 2009 NY Slip Op 51130(U) [23 Misc 3d 145(A)] |
| Decided on June 2, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ
2008-1440 N C.
against
Country-Wide Insurance Company, Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Rhonda E. Fischer, J.), entered June 11, 2008. The order, insofar as appealed from, denied plaintiffs’ motion for summary judgment.
Order, insofar as appealed from, affirmed without costs.
In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Defendant argued, inter alia, that plaintiffs did not make a prima facie showing of their entitlement to judgment as a matter of law. The District Court denied plaintiffs’ motion and defendant’s cross motion, finding that defendant had failed to submit sufficient proof to support its defense that plaintiffs are fraudulently incorporated, but that discovery was outstanding. The court directed plaintiffs to provide the discovery demanded by defendant. Plaintiffs appeal from so much of the order as denied their motion for summary judgment.
Plaintiffs failed to make a prima facie showing of their entitlement to summary judgment since the affidavit submitted by plaintiffs’ medical biller failed to establish that the documents annexed to plaintiffs’ 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, plaintiffs’ motion for summary judgment was properly denied, albeit on other grounds.
In light of the foregoing, the order, insofar as appealed from, is affirmed. [*2]
Molia, J.P., Scheinkman and LaCava, JJ., concur.
Decision Date: June 02, 2009
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Insufficient: claim forms not shown admissible as business records / merits of claim not proved
Held the providers failed their prima facie case because the medical biller's affidavit did not establish that the annexed documents were admissible as business records under CPLR 4518.
Of the 1,063 decisions on this question in the Second Department courts and the Court of Appeals, 208 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co. (2008 NY Slip Op 07846) FollowedThe providers failed to establish a prima facie case because they did not demonstrate the admissibility of their billing records.
- Fortune Med., P.C. v Allstate Ins. Co. (2007 NY Slip Op 50243(U)) FollowedAn insurer's acknowledgment of claim receipt does not concede the admissibility of the claim forms or the facts they contain.
Similar decisions
- A.B. Med. Servs., PLLC v American Tr. Ins. Co. (2009 NY Slip Op 51261(U))The providers failed to establish a prima facie case because their billing manager's affidavit did not establish admissible business records.
- A.B. Med. Servs. v Country-Wide Ins. Co. (2004 NY Slip Op 50535(U))The providers' billing affidavit failed to establish their prima facie case because it did not identify which provider employed the billing manager.
- A.B. Med. Servs., PLLC v New York Cent. Mut. Fire Ins. Co. (2009 NY Slip Op 50331(U))The insurer's evidence established a founded belief that the assignors' injuries did not arise from an insured incident.
- RLC Med., P.C. v Allstate Ins. Co. (2009 NY Slip Op 51131(U))The provider's billing manager failed to establish admissible business records, defeating the provider's motion for summary judgment.
- A.B. Med. Servs., PLLC v Geico Cas. Ins. Co. (2010 NY Slip Op 50224(U))The provider could not obtain a CPLR 3212 (g) finding establishing its prima facie case because its billing affidavit did not establish admissibility.