A.B. MED. SERVS. v. NATIONWIDE


6 Misc.3d 70 (2004)

792 N.Y.S.2d 289

A.B. MEDICAL SERVICES PLLC et al., Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

December 10, 2004.


Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellants.

McDonald, Carroll, Cohen & Rayhill, New York City (Thomas J. Reilly of counsel), for respondent.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.


OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously affirmed without costs.

In this action to recover assigned no-fault benefits, plaintiffs submitted the affidavit of David Safir, wherein he states that he is the "practice and medical billing manager of plaintiff." The affidavit is insufficient to establish that plaintiffs provided defendant with properly completed claim forms (see A.B. Med. Servs. v Allstate Ins. Co....

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