LONGEVITY MEDICAL SUPPLY INC v. STATE FARM MUTUAL AUTOMOBILE INS CO (2022)

Supreme Court, Appellate Term, New York,

LONGEVITY MEDICAL SUPPLY, INC., as Assignee of Cartright, Kronsprintz, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

2021-166 K C

Decided: November 18, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Freiberg, Peck & Kang, LLP (Yilo J. Kang of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court granting defendant's motion for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole contention with respect to defendant's motion, the affidavit executed by defendant's claims specialist, along with the relevant supporting documents submitted in support of defendant's motion, sufficiently demonstrated that defendant had previously paid another provider for the same piece of medical equipment which is the basis for the claim at issue in this case. Consequently, defendant established its prima facie entitlement to summary judgment dismissing the complaint and plaintiff failed to raise a triable issue of fact with respect thereto.

Accordingly, the order is affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

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