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East Coast Psychological, P.C. v Allstate Ins. Co.
2006 NY Slip Op 52000(U) [13 Misc 3d 133(A)]
Decided on October 20, 2006
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 20, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
06-242.

East Coast Psychological, P.C. a/a/o Ricardo Rodriguez, Jose Rodriguez, Maria Rodriguez,Pedro Alvarez and Emma Orejuela, Plaintiff-Respondent,

against

Allstate Insurance Co., Defendant-Appellant.


Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered January 25, 2006, which granted plaintiff's motion for summary judgment.


PER CURIAM:

Order (Francis M. Alessandro, J.), entered January 25, 2006, affirmed, with $10 costs.

Plaintiff health care provider established a prima facie entitlement to summary judgment by submitting "evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue" (see Insurance Law § 5106[a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]). Plaintiff sufficiently described a standard office procedure designed to ensured that the claims forms were properly addressed and mailed (see Nassau Ins. Co. v Murray, 46 NY2d 828, 830 [1978]). In opposition, defendant failed to raise any triable issues of fact.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: October 20, 2006