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 in the principal sum of $2,620.60.

Order affirmed without costs.

In this action to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. The court below denied the motion on the ground that "[t]he affidavit submitted by plaintiff is insufficient to warrant the granting of this relief." Plaintiff appeals from the denial of its motion for summary judgment, contending that it made a prima facie showing of its entitlement to judgment as a matter of law.

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 ___, 2007 NY Slip Op_____ [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]).

Pesce, P.J., Rios and Belen, JJ., concur.
Decision Date: January 31, 2007