Opinion
2003-49 S C.
Decided December 22, 2003.
Appeal by plaintiff from an order of the District Court, Suffolk County (H. Bergson, J.), entered October 23, 2002, denying its motion for summary judgment.
Order unanimously reversed without costs, plaintiff's motion for summary judgment granted, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
In this action to recover assigned first-party no-fault insurance benefits, defendant insurer objected to plaintiffs claim for medical equipment on the ground that the supplier's prices exceeded the prevailing rates for such equipment in its "geographic location" (cf. 11 NYCRR 68.5 [b], Reg. No. 83). As defendant preserved no other proper defense to the action, plaintiff's motion for summary judgment should have been granted for the reasons set forth in King's Med. Supply Inc. v. Allstate Ins. Co., (No. 2003-50 S C [decided herewith]).