New York Hosp. Med. Ctr. of Queens v Allstate Ins. Co., 2014 NY Slip Op 00640 (2d Dept. 2014)
“The plaintiffs’ submissions included a postal receipt indicating that the prescribed NF-5 statutory billing form corresponding to the no-fault claim at issue, and related documents, were received by the defendant on May 26, 2011. The person who mailed the NF-5 form averred, in support of the plaintiffs’ motion, that the defendant neither paid nor properly denied the claim within 30 days. This initial showing was sufficient to demonstrate the plaintiffs’ prima facie entitlement to judgment as a matter of law on the first cause of action”
Here, Plaintiff mailed the billing and there was affirmative proof of lack of a proper denial. In the old days, Hospital would only have had shown mailing of the billing and 30-days elapsed.
