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COUNTRYWIDE INSURANCE COMPANY v. 563 GRAND MEDICAL, P.C.

50 A.D.3d 313 (2008)

855 N.Y.S.2d 439

COUNTRYWIDE INSURANCE COMPANY, Appellant, v. 563 GRAND MEDICAL, P.C., as Assignee of ROBERT ALFORD, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 3, 2008.

Defendant medical provider established prima facie its entitlement to judgment as a matter of law by demonstrating that the necessary billing documents were mailed to and received by plaintiff insurer and that payment of the no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [a] [1]; New York & Presbyt. Hosp. v Countrywide Ins. Co., 44 A.D.3d 729, 730 [2007]). However, in opposition to the...

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