February 27, 2007

Bedford Park Med. Practice, P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 50378(U))

Headnote

The court considered the affidavit submitted by plaintiff's corporate officer in support of the motion for summary judgment and whether it laid a proper foundation for the documents annexed to the moving papers. The main issue was whether the affidavit established that the officer possessed personal knowledge of the plaintiff's practices and procedures to lay a foundation for the admission of the documents as business records. The holding was that the affidavit submitted by the corporate officer was insufficient to establish the officer's personal knowledge, and as a result, the plaintiff failed to make a prima facie showing of entitlement to summary judgment. Therefore, the court reversed the order granting summary judgment and denied the plaintiff's motion.

Reported in New York Official Reports at Bedford Park Med. Practice, P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 50378(U))

Bedford Park Med. Practice, P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 50378(U)) [*1]

Bedford Park Med. Practice, P.C. v New York Cent. Mut. Fire Ins. Co.

2007 NY Slip Op 50378(U) [14 Misc 3d 143(A)]

Decided on February 27, 2007

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 27, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2006-320 K C.

Bedford Park Medical Practice, P.C. a/a/o Simon Jimenez, Respondent,
against
New York Central Mutual Fire Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (George J. Silver, J.), entered October 20, 2005. The order granted plaintiff’s motion for summary judgment.

Order reversed without costs and plaintiff’s motion for summary judgment denied.

In this action by a provider to recover assigned first-party no-fault benefits, the court granted plaintiff’s motion for summary judgment. On appeal, defendant raises for the first time that the affidavit by plaintiff’s corporate officer, submitted in support of the motion, failed to lay a proper foundation for the documents annexed to plaintiff’s moving papers and that, as a result, plaintiff failed to establish a prima facie case. 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. Accordingly, plaintiff failed to make a prima facie showing of its entitlement to summary judgment (see Bath Med. Supply Inc. v Deerbrook Ins. Co., ____ Misc 3d ____ [A], 2007 NY Slip Op 50179[U] [App Term, 2d & 11th Jud Dists]; 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 is denied.
Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: February 27, 2007