DVS Chiropractic, P.C. v Mercury Cas. Co., 2009 NY Slip Op 51887(U) (App. Term, 2nd, 2009)
In this action by a provider to recover assigned first-party no-fault benefits, the papers submitted in support of defendant’s motion for summary judgment failed to establish that the letters scheduling independent medical examinations of plaintiff’s assignor were timely mailed in accordance with the standard practice and procedure of the office which mailed the letters (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). Consequently, the Civil Court properly denied defendant’s motion for summary judgment, which was premised upon the failure of plaintiff’s assignor to appear for the independent medical examinations (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co., 35 AD3d 720 [2006]). Accordingly, the order is affirmed.
A.B. Med. Servs., PLLC v American Tr. Ins. Co., 2009 NY Slip Op 51888(U) (App. Term, 2nd, 2009)
The affidavit by plaintiffs’ billing manager submitted in support of plaintiffs’ motion for summary judgment fails to comply with CPLR 4518 (A.B. Med. Servs., PLLC v Motor Veh. Acc. Indem. Corp., 23 Misc 3d 141[A], 2009 NY Slip Op 51025[U] [App Term, 2d, 11th & 13th Jud Dists 2009]). Accordingly, the order, insofar as appealed from, denying plaintiffs’ motion for summary judgment is affirmed.
We decline defendant’s request that we search the record and award it summary judgment dismissing the complaint (see e.g. New York Univ. Hosp. Rusk Inst. v Government Empls. Ins. Co., 39 AD3d 832 [2007]).