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A.B. Med. Servs., PLLC v American Tr. Ins. Co.
2009 NY Slip Op 51888(U) [24 Misc 3d 145(A)]
Decided on September 1, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 1, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-1834 K C.

A.B. Medical Services, PLLC. D.A.V. CHIROPRACTIC, P.C. and LVOV ACUPUNCTURE, P.C. a/a/o JACQUES DeLONE, Appellants,

against

American Transit Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (George J. Silver, J.), entered June 3, 2008. The order, insofar as appealed from, denied plaintiffs' motion for summary judgment.


Order, insofar as appealed from, affirmed without costs.

The affidavit by plaintiffs' billing manager submitted in support of plaintiffs' motion for summary judgment fails to comply with CPLR 4518 (A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 23 Misc 3d 141[A], 2009 NY Slip Op 51025[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). Accordingly, the order, insofar as appealed from, denying plaintiffs' motion for summary judgment is affirmed.

We decline defendant's request that we search the record and award it summary judgment dismissing the complaint (see e.g. New York Univ. Hosp. Rusk Inst. v Government Empls. Ins. Co., 39 AD3d 832 [2007]).
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 01, 2009