May 22, 2009

A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp. (2009 NY Slip Op 51025(U))

Headnote

The providers' motion for summary judgment against MVAIC was denied for failure to establish a business-record foundation. The Appellate Term, Second Department, affirmed the order because the supporting affidavit from the providers' billing manager failed to comply with CPLR 4518, without explaining the affidavit's deficiency.

Reported in New York Official Reports at A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp. (2009 NY Slip Op 51025(U))

[*1]
A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp.
2009 NY Slip Op 51025(U) [23 Misc 3d 141(A)]
Decided on May 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 22, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-400 K C.

A.B. Medical Services, PLLC D.A.V. Chiropractic, P.C., Lvov Acupuncture, P.C. Sowell Chiropractic, P.C. a/a/o Nathalie Jacques, Appellants,

against

Motor Vehicle Accident Indemnification Corp., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered January 8, 2008. The order denied plaintiffs’ motion for summary judgment.


Order affirmed without costs.

The affidavit by plaintiffs’ billing manager in support of plaintiffs’ motion for summary judgment fails to comply with CPLR 4518. Accordingly, the order denying plaintiffs’ motion for summary judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: May 22, 2009

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