Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered November 29, 2007. The order, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint.

Order, insofar as appealed from, affirmed without 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 of lack of medical necessity, and plaintiff cross-moved for summary judgment. The Civil Court granted defendant's motion and denied plaintiff's cross motion. As limited by its brief, plaintiff appeals from so much of the order as granted defendant's motion for summary judgment.

Defendant, through the submission of the affidavit of its claims representative and the affirmed independent medical examination report, made a prima facie showing that plaintiff's claims were properly and timely denied based upon a lack of medical necessity (see A.B. Med. Servs., PLLC v Liberty Mut. Ins. Co., 39 AD3d 779 [2007]; Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. Cos., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). Since plaintiff failed to rebut defendant's showing that the supplies provided were not medically necessary, the Civil Court properly granted defendant's motion for summary judgment dismissing the complaint (see Bath Med. Supply, Inc. v N.Y. Cent. Mut. Fire Ins. Co., 18 Misc 3d 139[A], 2008 NY Slip Op 50347[U] [App Term, 2d & 11th Jud Dists 2008]; A. Khodadadi Radiology, P.C. v N.Y. Cent. Mut. Fire Ins. Co., 16 Misc 3d 131[A], 2007 NY Slip Op 51342[U] [App Term, 2d & 11th Jud Dists 2007]).

Plaintiff's remaining contentions were improperly raised for the first time on appeal and, [*2]in any event, lack merit. Accordingly, the order, insofar as appealed from, is affirmed.
Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: April 14, 2009