May 22, 2009
A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp. (2009 NY Slip Op 51025(U))
Headnote
Providers sued MVAIC for assigned first-party no-fault benefits and moved for summary judgment. The Civil Court denied the motion. The Appellate Term held that the billing manager's affidavit supporting the motion did not comply with CPLR 4518. The order denying summary judgment was affirmed.
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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
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