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POMONA MEDICAL DIAGNOSTIC P.C. A/A/O REMIGIO NARVAEZ, pl-res, v. PRAETORIAN INSURANCE COMPANY, def-app

13-305. POMONA MEDICAL DIAGNOSTIC P.C. A/A/O REMIGIO NARVAEZ, pl-res, v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Nelida Malave-Gonzalez, J.), entered March 24, 2010, insofar as appealed from, reversed, with $10 costs, and defendant's cross motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

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13-305. POMONA MEDICAL DIAGNOSTIC P.C. A/A/O REMIGIO NARVAEZ, pl-res, v. PRAETORIAN INSURANCE COMPANY, def-app — Order (Nelida Malave-Gonzalez, J.), entered March 24, 2010, insofar as appealed from, reversed, with $10 costs, and defendant’s cross motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

In opposition to defendantinsurer’s prima facie showing that its verification letters were timely and properly mailed, plaintiff failed to raise a triable issue sufficient to withstand summary judgment dismissal of this first-party no-fault action. The affidavit of an employee of a third-party biller, who had no personal knowledge of the date the purported “verification compliance” letter was mailed to defendant, and described in only the most general terms her office’s mailing practices and procedures, was insufficient to raise an issue of fact (see Westchester Med. Ctr. v. Countrywide Ins. Co., 45 AD3d 676, 677 [2007]). Accordingly, defendant is entitled to summary judgment dismissing the claim as premature (see St. Vincent Med. Care, P.C. v. Country Wide Ins. Co., 80 AD3d 599, 600 [2011]).

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