The Appellate Term, six years ago, analogized an action sounding in no-fault benefits to one for an account stated. An account stated cause of action is satisfied through proof that a bill was mailed, retained and not promptly objected to. While we do not know if there was a prompt objection to the bill, we do know that in opposition to a summary judgment motion in the matter of Good Samaritan Hosp. v Parim 2009 NY Slip Op 52376(U)(App. Term 2d Dept. 2009), “defendant raised a triable issue of fact since he alleged in his verified answer, which may be used in lieu of a sworn statement (CPLR 105 [u]), that he was billed for a hospital room which plaintiff never provided to him.”
This case is interesting in that it once again stresses that a verified pleading may be used in the place of an affidavit. From a no fault perspective, this case reminds us that that the failure to promptly object to a bill for a service that was never rendered is of no consequence outside the realm of seeking reimbursement of no-fault benefits.
