VISTA SURGICAL v. LIBERTY MUT


12 Misc.3d 114 (2006)

820 N.Y.S.2d 396

VISTA SURGICAL SUPPLIES, INC., as Assignee of AIDA GONZALEZ, Appellant, v. LIBERTY MUTUAL INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

June 30, 2006.


Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Troy & Troy, Lake Ronkonkoma (Patrick J. Morganelli of counsel), for respondent.

PESCE, P.J., RIOS and BELEN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. In order to establish a prima facie entitlement to summary judgment, plaintiff was required to prove that it submitted the subject claims, setting forth the fact and the amounts of the losses sustained, and that payment of no-fault...

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