| Compas Med., P.C. v Citiwide Auto Leasing |
| 2017 NY Slip Op 51242(U) [57 Misc 3d 133(A)] |
| Decided on September 22, 2017 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Palmieri, Castiglione & Nightingale, P.C. (Michael S. Nightingale, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered July 21, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground, among others, that the claims at issue had been untimely submitted (see 11 NYCRR § 65-1.1).
Contrary to plaintiff's argument, the proof it submitted in opposition to defendant's motion was insufficient to raise a triable issue of fact as to whether the claims at issue had been timely mailed, as the affidavit of plaintiff's principal does not state that the claims were sent to defendant.
In light of the foregoing, plaintiff's remaining arguments are academic.
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.