Queens Med. Supply, Inc. v IDS Prop. & Cas. Ins. Co., 2013 NY Slip Op 51996(U)(App. Term 2d Dept. 2013)
“The billing records submitted by plaintiff do not assert that the supplies at issue had been delivered to plaintiff’s assignor. Nor did plaintiff’s affiant state that he had delivered the supplies [*2]to plaintiff’s assignor. Rather, he stated that it is his general practice to either (1) deliver his supplies directly to the eligible injured person or (2) deliver them to the prescribing healthcare providers for subsequent delivery to the eligible injured person. He did not specify in his affidavit which method of delivery was used in this case. Accordingly, plaintiff’s moving papers failed to demonstrate plaintiff’s prima facie entitlement to summary judgment, in that they failed to prove the fact and the amount of the loss sustained (see Jamaica Med. Supply, Inc. v Kemper Cas. Ins. Co., 30 Misc 3d 142 [App Term, 2d, 11th & 13th Jud Dists 2011]).”
