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Mid Atl. Med. P.C. v Victoria Select Ins. Co. (2006 NY Slip Op 52039(U))
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Decided on October 24, 2006
Civil Court of the City of New York, Kings County

112247/04
Delores J. Thomas, J.
Upon the foregoing cited papers, the Decision/Order on this motion and cross-motion is as follows:
In this action brought by a health care provider to recover first-party no-fault benefits for services rendered to its assignors, Reginald Smalls and Kevin Johnson, plaintiff moves for an order granting summary judgment in its favor in the sum of $3,673.07 as to each assignor plus statutory interest and attorney's fees. Defendant cross-moves for an order pursuant to CPLR 3211 (a) (5) dismissing the action.
To establish a prima facie entitlement to summary judgment, plaintiff must demonstrate that it
file:///C|/Users/Peter/Desktop/NY/2/2006_52039.htm[4/21/2013 6:15:55 PM] Mid Atl. Med. P.C. v Victoria Select Ins. Co. (2006 NY Slip Op 52039(U))
submitted a proper proof of claim setting forth the fact and amount of losses sustained and that payment of no-fault benefits is overdue (see Insurance Law

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