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MED-TECH PROD., INC. v. LIBERTY MUT. INS. CO.

2006-1898 K C.

2008 NY Slip Op 51469 (U)

MED-TECH PRODUCT, INC. A/A/O YVETTE RICE, Appellant, v. LIBERTY MUTUAL INS. CO., Respondent.

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

Decided April 29, 2008.

In an action to recover assigned first-party no-fault benefits, a plaintiff generally establishes its prima facie entitlement to summary judgment by proof of the submission of a statutory claim form, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits is overdue (see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 A.D.3d 742 [2004]; Amaze Med. Supply...

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