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BARSHAY v. STATE FARM INS. COMPANY

14 Misc.3d 74 (2006)

831 N.Y.S.2d 821

OLEG BARSHAY, D.C., P.C., as Assignee of MAXENE LOUIS, Respondent, v. STATE FARM INS. COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

December 8, 2006.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman, Stuart M. Bodoff and Melissa M. Murphy of counsel), for appellant.

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

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In an action to recover first-party no-fault benefits for health care services provided to an assignor, a plaintiff establishes a prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and amount of the loss sustained and that payment of no-fault benefits is overdue...

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