PFJ MEDICAL CARE v. NATIONWIDE INS (2022)

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branches of defendant's motion seeking summary judgment dismissing the first through seventh and tenth causes of action, and denied plaintiff's cross motion for summary judgment.

To the extent plaintiff contends that defendant was not entitled to summary judgment dismissing the first through seventh and tenth causes of action, for the reasons stated in ACH Chiropractic, P.C., as Assignee of Ferril, Gabriel J. v Nationwide Ins. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-1357 K C], decided herewith), plaintiff's contentions lack merit.

With respect to plaintiff's argument that it was entitled to summary judgment upon the eighth and ninth causes of action, the affidavit submitted by plaintiff's owner was insufficient to give rise to a presumption that those claim forms had been timely mailed to, and received by, defendant (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]). As a result, the branches of plaintiff's cross motion seeking summary judgment on the eighth and ninth causes of action were properly denied.

Accordingly, the the order, insofar as appealed from, is affirmed.

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