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MELBOURNE MED. v. UTICA INS.

4 Misc.3d 92 (2004)

781 N.Y.S.2d 819

MELBOURNE MEDICAL, P.C., as Assignee of JOSE CABREJA, Respondent, v. UTICA MUTUAL INSURANCE CO., Appellant.

Supreme Court, Appellate Term, Second Department.

June 7, 2004.

Attorney(s) appearing for the Case

Bruno Gerbino & Soriano LLP, Melville (Charles W. Benton of counsel), for appellant.

Israel, Israel & Purdy LLP, Great Neck (William M. Purdy of counsel), for respondent.

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

OPINION OF THE COURT

Memorandum.

Orders unanimously affirmed without costs.

In this action to recover $765 in first-party no-fault benefits for medical treatment provided its assignor, plaintiff established its prima facie case for summary judgment by proof it submitted properly executed statutory claim forms (Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 224 [1986]; Amaze Med. Supply v Eagle...

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