Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered August 9, 2005. The order denied plaintiff's motion for summary judgment with leave to renew upon proper papers.

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 an officer of plaintiff, and various documents annexed thereto. The affidavit executed by plaintiff's officer 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 moving papers did not contain an affidavit from someone with personal knowledge of the facts setting forth
facts sufficient to establish plaintiff's prima facie case. Plaintiff appeals from the denial of its motion for summary judgment.

Inasmuch as 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, plaintiff failed to make a prima facie showing of its entitlement to summary judgment (Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; see 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 was properly denied. [*2]

Weston Patterson, J.P., Rios and Belen, JJ., concur.
Decision Date: March 8, 2007