PARISIEN v. NATIONWIDE INS (2019)

Supreme Court, Appellate Term, New York.

Jules Francois PARISIEN, M.D., as Assignee of Gaddy, Matthew L., Appellant, v. NATIONWIDE INS., Respondent.

2018-1579 K C

Decided: December 06, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Kevin J. Philbin (Kevon Lewis 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 which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's sole appellate argument with respect to defendant's motion for summary judgment, the proof submitted by defendant in support of its motion was sufficient to give rise to a presumption that the denial of claim forms had been properly mailed (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.

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