King's Medical Supply, Inc. v. Hereford Insurance

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

Plaintiff commenced this action to recover first-party no-fault benefits for medical supplies provided to its assignor. Thereafter, plaintiff moved for summary judgment in the amount of $980, which motion was denied by order entered September 10, 2003.

Contrary to the determination of the court below, plaintiffs billing manager did not have to allege in his supporting affidavit that he had personal knowledge that the equipment was furnished to plaintiffs assignor. Said affidavit set forth the billing manager’s duties so as…