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June 29, 2007

Psychological Practice, P.C. v NY Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 51304(U))

https://www.beynensonlaw.com/case-law/psychological-practice-p-c-v-ny-cent-mut-fire-ins-co-2007-ny-slip-op-51304u/

Court
Appellate Term, Second Department
Decided
June 29, 2007
Citation
2007 NY Slip Op 51304(U) · 16 Misc 3d 129(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
Provider's prima facie case
Legal questions
Claimant's prima facie case on motions (see the maps)
Cite as
Psychological Practice, P.C. v NY Cent. Mut. Fire Ins. Co., 16 Misc 3d 129(A), 2007 NY Slip Op 51304(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

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.

The provider's owner failed to establish the personal knowledge needed to admit the documents supporting summary judgment. The owner conclusorily described the attachments as business records but did not set out job duties or the basis for knowledge of the provider's billing procedures. The affidavit therefore failed to lay a foundation showing personal knowledge of the provider's practices and procedures. The Appellate Term, Second Department, affirmed the denial of the provider's motion for assigned first-party no-fault benefits because the provider did not make a prima facie showing of entitlement to summary judgment, and reached no other issue.

Reported in New York Official Reports at Psychological Practice, P.C. v NY Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 51304(U))

[*1]
Psychological Practice, P.C. v NY Cent. Mut. Fire Ins. Co.
2007 NY Slip Op 51304(U) [16 Misc 3d 129(A)]
Decided on June 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS


PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2006-508 K C.
Psychological Practice, P.C. a/a/o Barbara Williams-Clarke, Appellant,

against

NY Central Mutual Fire Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered November 29, 2005. 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’s motion for summary judgment was supported by an affirmation from plaintiff’s counsel, an affidavit by plaintiff’s owner, and various documents annexed thereto. The affidavit executed by plaintiff’s owner stated in a conclusory manner that the documents attached to plaintiff’s motion papers were plaintiff’s business records. The court below
denied the motion on the ground that plaintiff’s owner failed to set forth his job duties or the basis for his personal knowledge, if any, of plaintiff’s billing procedures so as to lay a foundation for the admission of plaintiff’s business records. Plaintiff appeals from the denial of its motion for summary judgment.

Inasmuch as the affidavit submitted by plaintiff’s owner was insufficient to establish that he 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 (see [*2]Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Dan Medical, P.C. v New York Cent. Mut. Fire Ins. Co., 14 Misc 3d 44 [App Term, 2d & 11th Jud Dists 2006]). Consequently, plaintiff’s motion for summary judgment was properly denied.

In view of the foregoing, we reach no other issue.

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: June 29, 2007

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.

Claimant's prima facie case on motions

Open the full map

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 its prima facie case because its owner's conclusory affidavit did not establish personal knowledge of its practices needed to admit the annexed documents as business records.

  • Court of AppealsCt App 2
  • Appellate DivisionApp Div 54
  • Appellate TermApp Term 819
  • Trial courtsTrial 115
2015, Court of Appeals: 1 decision (1 Proof sufficient)2007, Court of Appeals: 1 decision (1 Proof sufficient)2022, Appellate Division: 1 decision (1 Proof sufficient)2019, Appellate Division: 1 decision (1 Proof sufficient)2014, Appellate Division: 10 decisions (9 Proof sufficient, 1 Overdue not shown)2013, Appellate Division: 2 decisions (2 Proof sufficient)2012, Appellate Division: 1 decision (1 Proof sufficient)2011, Appellate Division: 7 decisions (7 Proof sufficient)2010, Appellate Division: 2 decisions (1 Proof sufficient, 1 Overdue not shown)2009, Appellate Division: 3 decisions (2 Proof sufficient, 1 Other element missing)2008, Appellate Division: 6 decisions (4 Proof sufficient, 1 Overdue not shown, 1 Business-record foundation lacking)2007, Appellate Division: 8 decisions (5 Proof sufficient, 2 Mailing/receipt not shown, 1 Overdue not shown)2006, Appellate Division: 4 decisions (2 Proof sufficient, 1 Mailing/receipt not shown, 1 Other element missing)2005, Appellate Division: 3 decisions (3 Proof sufficient)2004, Appellate Division: 3 decisions (2 Proof sufficient, 1 Overdue not shown)2026, Appellate Division: 1 decision (1 Proof sufficient)2003, Appellate Division: 2 decisions (1 Proof sufficient, 1 Overdue not shown)2022, Appellate Term: 14 decisions (2 Mailing/receipt not shown, 12 Overdue not shown)2021, Appellate Term: 5 decisions (1 Proof sufficient, 4 Overdue not shown)2020, Appellate Term: 13 decisions (13 Overdue not shown)2019, Appellate Term: 22 decisions (22 Overdue not shown)2018, Appellate Term: 26 decisions (3 Proof sufficient, 1 Mailing/receipt not shown, 22 Overdue not shown)2017, Appellate Term: 38 decisions (3 Proof sufficient, 1 Mailing/receipt not shown, 34 Overdue not shown)2016, Appellate Term: 42 decisions (8 Proof sufficient, 34 Overdue not shown)2015, Appellate Term: 43 decisions (11 Proof sufficient, 1 Mailing/receipt not shown, 30 Overdue not shown, 1 Business-record foundation lacking)2014, Appellate Term: 21 decisions (10 Proof sufficient, 11 Overdue not shown)2013, Appellate Term: 34 decisions (17 Proof sufficient, 11 Overdue not shown, 6 Business-record foundation lacking)2012, Appellate Term: 32 decisions (3 Proof sufficient, 2 Mailing/receipt not shown, 11 Overdue not shown, 16 Business-record foundation lacking)2011, Appellate Term: 29 decisions (6 Proof sufficient, 1 Mailing/receipt not shown, 13 Overdue not shown, 9 Business-record foundation lacking)2010, Appellate Term: 34 decisions (22 Proof sufficient, 3 Mailing/receipt not shown, 9 Business-record foundation lacking)2009, Appellate Term: 51 decisions (27 Proof sufficient, 3 Mailing/receipt not shown, 21 Business-record foundation lacking)2008, Appellate Term: 49 decisions (16 Proof sufficient, 1 Mailing/receipt not shown, 32 Business-record foundation lacking)2007, Appellate Term: 103 decisions (8 Proof sufficient, 2 Mailing/receipt not shown, 93 Business-record foundation lacking)2006, Appellate Term: 106 decisions (73 Proof sufficient, 25 Mailing/receipt not shown, 1 Overdue not shown, 6 Business-record foundation lacking, 1 Other element missing)2005, Appellate Term: 90 decisions (84 Proof sufficient, 5 Mailing/receipt not shown, 1 Overdue not shown)2004, Appellate Term: 46 decisions (32 Proof sufficient, 10 Mailing/receipt not shown, 4 Other element missing)2003, Appellate Term: 7 decisions (7 Proof sufficient)2023, Appellate Term: 3 decisions (3 Overdue not shown)2024, Appellate Term: 7 decisions (1 Mailing/receipt not shown, 6 Overdue not shown)2025, Appellate Term: 2 decisions (1 Mailing/receipt not shown, 1 Overdue not shown)2026, Appellate Term: 2 decisions (2 Mailing/receipt not shown)2023, Trial courts: 2 decisions (2 Proof sufficient)2022, Trial courts: 4 decisions (2 Proof sufficient, 2 Overdue not shown)2021, Trial courts: 11 decisions (6 Proof sufficient, 2 Mailing/receipt not shown, 2 Overdue not shown, 1 Other element missing)2020, Trial courts: 3 decisions (1 Proof sufficient, 1 Overdue not shown, 1 Other element missing)2019, Trial courts: 6 decisions (5 Proof sufficient, 1 Mailing/receipt not shown)2018, Trial courts: 2 decisions (2 Overdue not shown)2017, Trial courts: 2 decisions (1 Overdue not shown, 1 Other element missing)2016, Trial courts: 4 decisions (4 Proof sufficient)2012, Trial courts: 5 decisions (4 Proof sufficient, 1 Business-record foundation lacking)2011, Trial courts: 2 decisions (1 Proof sufficient, 1 Business-record foundation lacking)2010, Trial courts: 3 decisions (2 Proof sufficient, 1 Business-record foundation lacking)2009, Trial courts: 6 decisions (6 Proof sufficient)2008, Trial courts: 10 decisions (4 Proof sufficient, 1 Mailing/receipt not shown, 1 Overdue not shown, 4 Business-record foundation lacking)2007, Trial courts: 6 decisions (4 Proof sufficient, 2 Business-record foundation lacking)2006, Trial courts: 13 decisions (10 Proof sufficient, 2 Overdue not shown, 1 Other element missing)2005, Trial courts: 18 decisions (10 Proof sufficient, 5 Mailing/receipt not shown, 3 Business-record foundation lacking)2004, Trial courts: 11 decisions (5 Proof sufficient, 2 Mailing/receipt not shown, 4 Other element missing)2026, Trial courts: 3 decisions (2 Proof sufficient, 1 Mailing/receipt not shown)2014, Trial courts: 1 decision (1 Proof sufficient)2015, Trial courts: 1 decision (1 Proof sufficient)2024, Trial courts: 1 decision (1 Proof sufficient)2025, Trial courts: 1 decision (1 Mailing/receipt not shown)This decision
20052010201520202025
Proof sufficientMailing/receipt not shownOverdue not shownBusiness-record foundation lackingOther element missingThis decisionCites it or cited by itCited or followed

Of the 990 decisions on this question in the Second Department courts and the Court of Appeals, 206 (this one included) are in the same category.

Cited in this decision

A label shows how this decision treated the case it cites.

  • Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 26483) FollowedThe provider failed to establish its prima facie case because its corporate officer did not lay a business-records foundation for the claim documents.

Similar decisions

  • PDG Psychological P.C. v Eveready Ins. Co. (2006 NY Slip Op 52305(U))The provider failed to establish a business-record foundation for its claim forms through its corporate officer's affidavit.
  • Psychology YM, P.C. v Nationwide Mut. Ins. Co. (2009 NY Slip Op 51634(U))The provider failed to establish entitlement to summary judgment because its billing company's affidavit did not comply with CPLR 4518.
  • All Mental Care Medicine, P.C. v Travelers Indem. Co. (2007 NY Slip Op 50537(U))The provider's officer failed to establish personal knowledge sufficient to admit the supporting documents as business records.
  • A.M. Med. Servs., P.C. v Progressive Cas. Ins. Co. (2007 NY Slip Op 50671(U))The provider failed to make a prima facie showing because its officer's affidavit did not establish a business-records foundation.
  • Bedford Park Med. Practice, P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 50378(U))The provider's corporate officer failed to lay a business-records foundation, defeating the provider's prima facie summary judgment showing.
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