Davidov Med., P.C. v Firemans Fund Ins. Co., 2010 NY Slip Op 52220(U)(App. Term 2d Dept. 2010)
The first time the issue of whether a bill has been paid, sufficient to warrant the granting of a motion for summary judgment has been addressed. Here is the monumental holding of the court:
“Upon a review of the record, we find that defendant did not make a prima facie showing that it had paid the four specific bills alleged by plaintiff in its complaint to be outstanding. Accordingly, defendant’s motion should have been denied”
