Opinion
570713/07.
Decided July 28, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Diane A. Lebedeff, J.), entered March 31, 2006, which denied its motion for summary judgment without prejudice to renewal.
Order (Diane A. Lebedeff, J.), entered March 31, 2006, reversed, with $10 costs, and plaintiff's motion for summary judgment in the principal sum of $2,420 granted. The Clerk is directed to enter judgment accordingly.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER JJ.
In opposition to plaintiff's prima facie showing of entitlement to summary judgment recovery of first party no-fault benefits ( see Insurance Law § 5106[a]; 11 NYCRR 65-3.8[a][1]; Mary Immaculate Hosp. v Allstate Ins. Co. , 5 AD3d 742 ; Fair Price Med. Supply, Inc. v St. Paul Travelers Inc. Co. , 16 Misc 3d 8 ), defendant failed to submit competent proof that it timely mailed its denial of claim forms within the prescribed 30-day period. Thus, defendant is precluded from asserting statutory exclusion defenses, including its defenses of excessive fees ( see Westchester Med. Ctr. v American Tr. Ins. Co. , 17 AD3d 581 ; New York Hosp. Med. Ctr. of Queens v Country-Wide Ins. Co., 295 AD2d 583) and lack of medical necessity ( see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195; Country-Wide Ins. Co. v Zablozki, 257 AD2d 506).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur