Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), dated December 31, 2007. The order granted plaintiff's motion for summary judgment.

Order reversed without costs and plaintiff's motion for summary judgment denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. The Civil Court granted plaintiff's motion, and this appeal by defendant ensued.

On appeal, defendant correctly contends that plaintiff failed to establish its prima facie entitlement to judgment as a matter of law because plaintiff's billing manager failed to demonstrate the admissibility of plaintiff's billing records under the business records exception to the hearsay rule (see CPLR 4518; Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co., 15 Misc 3d 144[A], 2007 NY Slip Op 51161[U] [App Term, 2d & 11th Jud Dists 2007], affd 55 AD3d 644 [2008]; Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co., 14 Misc 3d 44 [App Term, 2d & 11th Jud Dists 2006]; see also Bath Med. Supply, Inc. v Deerbrook Ins. Co., 14 Misc 3d 135[A], 2007 NY Slip Op 50179[U] [App Term, 2d & 11th Jud Dists 2007]). Accordingly, the order is reversed and plaintiff's motion for summary judgment is denied.

Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: April 24, 2009