Prime Psychological Services, P.C. v. American Transit Insurance

*845OPINION OF THE COURT

Katherine A. Levine, J.

Plaintiff Prime Psychological Services, PC. and defendant American Transit Insurance Company stipulated at oral argument that the sole issue before the court was whether the defendant’s failure to issue the denial of claim form (N-F 10 form) “in duplicate” was a fatal error, thus precluding defendant from asserting a defense which would result in the granting of summary judgment to plaintiff. There is no dispute that plaintiff established a prima facie case and that defendant timely mailed its denial of claim form, setting forth the defense of lack…