| A.B. Med. Servs., PLLC v Amex Assur. Co. |
| 2015 NY Slip Op 51271(U) [48 Misc 3d 142(A)] |
| Decided on August 26, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered October 25, 2006. The order granted plaintiffs' cross motion for partial summary judgment.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted plaintiffs' cross motion for partial summary judgment. On appeal, defendant contends that plaintiffs failed to establish a prima facie entitlement to judgment as a matter of law upon their cross motion for partial summary judgment, because the affidavit of plaintiffs' billing manager failed to lay a proper foundation to establish that the documents annexed to plaintiffs' moving papers constituted evidence in admissible form. However, such proof is not required (see Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]). Inasmuch as defendant's remaining contention lacks merit, the order is affirmed.
The decision and order of this court entered herein on March 13, 2008 (19 Misc 3d 130[A], 2008 NY Slip Op 50543[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).
Pesce, P.J., and Weston, J., concur.
Rios, J., taking no part.