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

Summary

The Court affirmed the Appellate Division's order, holding that a plaintiff medical provider satisfies the prima facie burden for summary judgment in a no‑fault insurance case by showing that benefits are overdue and that the statutory billing forms were mailed to and received by the insurer, with proof admissible under the business records exception. The Court also remanded for determination of interest and attorney's fees, and a dissent argued that the plaintiff must still prove the loss arose from the accident and that expenses were medically necessary.