Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered June 10, 2008. The order denied defendant's motion for summary judgment.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the papers submitted in support of defendant's motion for summary judgment failed to establish that the letters scheduling independent medical examinations of plaintiff's assignor were timely mailed in accordance with the standard practice and procedure of the office which mailed the letters (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). Consequently, the Civil Court properly denied defendant's motion for summary judgment, which was premised upon the failure of plaintiff's assignor to appear for the independent medical examinations (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Accordingly, the order is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 01, 2009