Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered February 22, 2006. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.

Order, insofar as appealed from, 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 employee of plaintiff, and various documents annexed thereto. The affidavit executed by plaintiff's employee 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 failed to make a prima facie case because the affidavit executed by plaintiff's employee was insufficient to lay a foundation for the admission of plaintiff's bills as business records. Plaintiff appeals from the denial of its motion for summary judgment.

Inasmuch as the affidavit submitted by plaintiff's employee was insufficient to establish that said employee 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 [*2]judgment (Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; see Dan Med., 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.

Pesce, P.J., and Rios, J., concur.

Golia, J., taking no part.
Decision Date: October 01, 2007