All Mental Care Medicine, P.C. v Travelers Indem. Co. (2007 NY Slip Op 50537(U))

Reported in New York Official Reports at All Mental Care Medicine, P.C. v Travelers Indem. Co. (2007 NY Slip Op 50537(U))

Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered January 17, 2006. The order denied plaintiff’s motion for summary judgment.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. The court below denied the motion on the ground that the affidavit submitted by plaintiff was insufficient to grant the relief requested. Plaintiff appeals from the denial of its motion.

Inasmuch as the affidavit submitted by plaintiff’s corporate officer was insufficient to establish that said officer possessed personal knowledge of plaintiff’s practices and procedures so as to lay a foundation for the admission, as business records, of the documents annexed to plaintiff’s moving papers, plaintiff failed to make a prima facie showing of its entitlement to summary judgment (Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; see Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co., Misc 3d , 2006 NY Slip Op 26483 [App Term, 2d & 11th Jud Dists]). Consequently, plaintiff’s motion for summary judgment was properly denied.

Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: March 19, 2007