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QUALITY HEALTH PRODS., INC. v. AUTO ONE INS. CO.

2007-304 Q C.

2008 NY Slip Op 51530 (U)

QUALITY HEALTH PRODUCTS, INC. A/A/O LINDO LINCOLN, Appellant, v. AUTO ONE INSURANCE COMPANY, Respondent.

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

Decided July 10, 2008.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v. Allstate Ins. Co., 5 A.D.3d 742 [2004]; Mani Med. P.C. v. NY Cent....

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