Boai Zhong Yi Acupuncture Services P.C. v. Progressive Casualty Insurance

OPINION OF THE COURT

Memorandum.

Order reversed without costs, plaintiffs motion for summary judgment granted, defendant’s cross motion for summary judgment denied, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney’s fees.

In this action to recover first-party no-fault benefits for health care services provided its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amounts of the losses sustained, and that payment of no-fault benefits was…