LACINA v. HEREFORD INSURANCE CO (2020)

Supreme Court, Appellate Term, New York.

Francis J. LACINA, M.D., as Assignee of Henry, Akilah, Appellant, v. HEREFORD INSURANCE CO., Respondent.

2018-2040 K C

Decided: November 06, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Goldberg, Miller & Rubin, P.C. (Timothy Bishop 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 denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

Contrary to plaintiff's contention on appeal, the affidavit executed by defendant's no-fault supervisor and the contemporaneous affidavits executed by defendant's mailing officer were sufficient to establish the proper mailing of the denial of claim forms (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

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

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