June 4, 2007
Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co. (2007 NY Slip Op 51161(U))
https://www.beynensonlaw.com/case-law/art-of-healing-medicine-p-c-v-travelers-home-mar-ins-co-2007-ny-slip-op-51161u/
- Decided
- June 4, 2007
- Citation
- 2007 NY Slip Op 51161(U) · 15 Misc 3d 144(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Later treatment
- Followed in 1 later decision (see Cited by)
- Legal questions
- Claimant's prima facie case on motions (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co. (2007 NY Slip Op 51161(U))
| Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co. |
| 2007 NY Slip Op 51161(U) [15 Misc 3d 144(A)] |
| Decided on June 4, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2005-853 K C.
against
The Travelers Home and Marine Insurance Company a/k/a Travelers Property Casualty Corporation, Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Eileen Nadelson, J.), entered April 5, 2005. The order denied plaintiffs’ motion for partial summary judgment.
Order affirmed without costs.
In this action by providers to recover assigned first-party no-fault benefits, plaintiffs’ motion for partial summary judgment was supported by an affirmation of plaintiffs’ counsel, an affidavit of plaintiffs’ billing manager, and various documents
annexed thereto. In opposition to the motion, defendant asserted plaintiffs’ assignors’ failure to cooperate with defendant’s investigation and plaintiffs’ failure to comply with its requests for verification. The court below denied plaintiffs’ motion and the instant appeal ensued.
On appeal, defendant asserts that the affidavit by plaintiffs’ billing manager submitted in support of their motion, failed to lay a proper foundation for the documents annexed to plaintiffs’ moving papers and that, as a result, plaintiffs failed to establish a prima facie case. We agree. The affidavit submitted by plaintiffs’ billing manager was insufficient to establish that he [*2]possessed personal knowledge of plaintiffs’ practices and procedures so as to lay a foundation for the admission, as business records, of the documents annexed to plaintiffs’ moving papers. Accordingly, plaintiffs failed to make a prima facie showing of their entitlement to summary judgment (see Bath Med. Supply, Inc. v Deerbrook Ins. Co., 14 Misc 3d 135[A], 2007 NY Slip Op 50179[U] [App Term, 2d & 11th Jud Dists]; Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co., 14 Misc 3d 44 [App Term, 2d & 11th Jud Dists 2006]). Consequently, plaintiffs’ motion for partial summary judgment was properly denied.
In view of the foregoing, we reach no other issue.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: June 4, 2007
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Insufficient: claim forms not shown admissible as business records / merits of claim not proved
Held the providers failed their prima facie case because their billing manager's affidavit did not show personal knowledge of their practices to lay a business-records foundation for the annexed documents.
Of the 1,063 decisions on this question in the Second Department courts and the Court of Appeals, 208 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- Bath Med. Supply, Inc. v Deerbrook Ins. Co. (2007 NY Slip Op 50179(U)) FollowedThe insurer's challenge to the provider's business-records foundation was considered despite being raised for the first time on appeal.
- Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 26483) FollowedThe provider failed to establish its prima facie case because its corporate officer did not lay a business-records foundation for the claim documents.
Cited by
A label shows how the later decision treated this one.
- Psychology YM, P.C. v Nationwide Mut. Ins. Co. (2009 NY Slip Op 51634(U)) FollowedThe provider failed to establish entitlement to summary judgment because its billing company's affidavit did not comply with CPLR 4518.
- Raz Acupuncture, P.C. v Travelers Prop. Cas. Ins. Co. (2010 NY Slip Op 50065(U))The provider failed to establish admissible business records through its third-party billing company's employee.
- Union Physician Healthcare, P.C. v Utica Mut. Ins. Co. (2009 NY Slip Op 50039(U))The provider failed to establish entitlement to summary judgment because its officer's affidavit lacked a business-record foundation.
- Vista Surgical Supplies, Inc. v State Farm Mut. Ins. Co. (2009 NY Slip Op 50047(U))An insurer's admission that it received a claim form does not concede the truth of the facts stated in that form.
- Infinity Health Prods., Ltd. v Country-Wide Ins. Co. (2009 NY Slip Op 50239(U))The provider's supporting affidavit failed to establish a business-record foundation for the documents submitted on its summary judgment motion.
- Velen Med. Supply, Inc. v Country-Wide Ins. Co. (2009 NY Slip Op 50343(U))The provider's billing-manager affidavit failed to establish a business-record foundation for the documents supporting summary judgment.
- Axis Chiropractic, PLLC v GEICO Gen. Ins. Co. (2010 NY Slip Op 51339(U))The provider's billing-company affiant failed to show personal knowledge needed to establish a business-record foundation.
- Axis Chiropractic, PLLC v Geico Gen. Ins. Co. (2010 NY Slip Op 51963(U))The provider's notice of trial was vacated because its certificate of readiness incorrectly stated that discovery was complete.
Similar decisions
- All Mental Care Medicine, P.C. v Travelers Indem. Co. (2007 NY Slip Op 50166(U))The provider's officer failed to establish personal knowledge sufficient to admit the supporting documents as business records.
- A.B. Med. Servs., PLLC v American Tr. Ins. Co. (2009 NY Slip Op 51261(U))The providers failed to establish a prima facie case because their billing manager's affidavit did not establish admissible business records.
- A.B. Med. Servs. PLLC v Travelers Prop. Cas. Corp. (2004 NY Slip Op 50779(U))The providers' billing-manager affidavit failed to establish their prima facie case because it did not identify which provider it covered.
- Art of Healing Medicine, P.C. v New York Cent. Mut. Fire Ins. Co. (2013 NY Slip Op 50766(U))The insurer failed to obtain IME nonappearance dismissal, and the provider failed to establish its prima facie case for the disputed claim.
- Amaze Med. Supply, Inc. v Travelers Prop. Cas. (2009 NY Slip Op 51357(U))The provider's summary judgment motion was denied because its biller's affidavit did not establish the admissibility of the annexed documents.