Viviane Etienne Medical Care, P.C., as Assignee of Alem Cardenas, Respondent v. Country-Wide Ins. Co., Appellant

Summary

The New York Court of Appeals affirmed that a medical provider satisfies the prima facie burden for summary judgment in a no‑fault insurance case by showing that statutory billing forms were mailed and received and that payment is overdue, provided the mailing proof meets the business‑records hearsay exception. The Court also affirmed the certified question, while noting a dissent that the plaintiff must still prove the loss arose from the accident and that expenses were medically necessary.