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Peace of Mind, Social Work, P.C. v Travelers Aetna Prop. Cas. Corp.
2014 NY Slip Op 50475(U) [43 Misc 3d 127(A)]
Decided on March 17, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 17, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2012-660 K C.

Peace of Mind, Social Work, P.C. as Assignee of SIMON TEYTELMAN, Respondent,

against

Travelers Aetna Property Casualty Corp., Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered August 3, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,451.84.


ORDERED that the judgment is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, a nonjury trial was held. The sole witness was plaintiff's third-party biller. Although defendant argued that plaintiff had failed to establish its prima facie case since the witness was incapable of establishing a business record foundation, pursuant to CPLR 4518, for plaintiff's claim forms, the court entered judgment in favor of plaintiff.

Pursuant to the holding in Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co. ( ___ AD3d ___, 2013 NY Slip Op 08430 [2d Dept 2013]), the testimony of plaintiff's witness was sufficient to establish plaintiff's prima facie case. As defendant failed to proffer a defense, the judgment is affirmed (see id.).

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: March 17, 2014