MOLLINS v. ALLSTATE INS. CO.

570716/07.

2008 NY Slip Op 51616 (U)

JEFF MOLLINS, DC, A/A/O LASHONE ADAMS, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Respondent.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 28, 2008.


PER CURIAM.

In this action to recover first party no-fault benefits, plaintiff made a prima facie showing of entitlement to partial judgment by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue (see Insurance Law § 5106[a]; 11 NYCRR 65-3.8[a][1]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 A.D.3d 742 [2004...

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