June 29, 2009
Careplus Med. Supply, Inc. v Allstate Ins. Co. (2009 NY Slip Op 51398(U))
https://www.beynensonlaw.com/case-law/careplus-med-supply-inc-v-allstate-ins-co-2009-ny-slip-op-51398u/
- Decided
- June 29, 2009
- Citation
- 2009 NY Slip Op 51398(U) · 24 Misc 3d 134(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 Careplus Med. Supply, Inc. v Allstate Ins. Co. (2009 NY Slip Op 51398(U))
| Careplus Med. Supply, Inc. v Allstate Ins. Co. |
| 2009 NY Slip Op 51398(U) [24 Misc 3d 134(A)] |
| Decided on June 29, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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: : RUDOLPH, P.J., MOLIA and NICOLAI, JJ
2008-1864 N C.
against
Allstate Insurance Company, Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), entered September 8, 2008. The order denied plaintiff’s motion for summary judgment.
Order affirmed with $10 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved
for summary judgment. In opposition to the motion, defendant argued, inter alia, that plaintiff
did not make a prima facie showing of its entitlement to judgment
as a matter of law. The District Court denied plaintiff’s motion, holding that the affidavit
by plaintiff’s billing manager failed to establish a prima facie case because it did not demonstrate
that the documents annexed to plaintiff’s motion were admissible as business records. This
appeal by plaintiff ensued.
Plaintiff failed to make a prima facie showing of its entitlement to summary judgment since the affidavit submitted by plaintiff’s billing manager failed to establish that the documents annexed to plaintiff’s 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, plaintiff’s motion for summary judgment was properly denied.
Rudolph, P.J., Molia and Nicolai, JJ., concur.
Decision Date: June 29, 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 provider failed to make a prima facie showing because its billing manager's affidavit did not establish that the annexed documents were admissible as business records under CPLR 4518.
Of the 1,065 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
- Careplus Med. Supply, Inc. v Utica Mut. Ins. Co. (2009 NY Slip Op 51132(U))The provider failed to establish its prima facie case because its affidavit did not establish admissibility of the supporting documents.
- Careplus Med. Supply, Inc. v Travelers Indem. Co. (2009 NY Slip Op 51386(U))The provider's motion for summary judgment on the disputed bill was denied for failure to establish admissibility of its documents.
- 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.
- Amaze Med. Supply, Inc. v Allstate Ins. Co. (2008 NY Slip Op 51866(U))The provider failed to establish its prima facie case because its affidavit did not lay a business-records foundation.
- Careplus Med. Medical Supply Inc. v Allstate Ins. Co. (2005 NY Slip Op 51598(U))The insurer's affidavit raised triable issues of intentionally caused collisions despite its untimely denials.