North N.Y. Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. (2004 NY Slip Op 51453(U))

North N.Y. Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co.

2004 NY Slip Op 51453(U)

Decided on November 24, 2004

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.

NORTH NEW YORK MEDICAL CARE, P.C., a/a/o JULIO CRUZ, STEVEN ROSA, Plaintiff-Appellant,

against

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, Bronx County, entered on or about January 13, 2004 (Irving Rosen, J.) which denied its motion for summary judgment.

Order entered on or about January 13, 2004 (Irving Rosen, J.) reversed, with $10 costs, plaintiff's motion for summary judgment is granted and the matter is remanded to the Civil Court for (1) the assessment of reasonable attorney's fees pursuant to Insurance Law § 5106(a) and the regulations promulgated thereunder, and (2) the entry of a judgment in favor of plaintiff and against defendant in the principal sum of $12,836.22, plus appropriate interest and attorney's fees (see St. Clare's Hospital v State Farm Mutual Automobile Insurance Co., 215 AD2d 641 [1995]).

Plaintiff seeks to recover first party no-fault insurance benefits for medical services rendered to its assignors who were injured in an automobile accident. Plaintiff made a prima facie showing that defendant failed to pay or deny the claims within 30 days after defendant received plaintiff's demands (see Insurance Law § 5106 [a] and 11 NYCRR [*2]65.15[g][3]; Presbyterian Hospital in the City of New York v Maryland Casualty Company, 90 NY2d 274, 278 [1997]) and that payment of plaintiff's claims was overdue. The sworn statement of plaintiff's billing manager that the claim forms were mailed to defendant on the date each was signed ^[FN1] is uncontradicted on this record. Accordingly, plaintiff's unopposed motion for summary judgment should have been granted (see CPLR 3212[b]).

This constitutes the decision and order of the court.
I concur.
I concur.
I concur.
Decision Date: November 24, 2004