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ORTHOPEDIC SPECIALIST OF GREATER NEW YORK a/a/o KENNIA FERNANDEZ, plf-res, v. CHUBB INDEMNITY INSURANCE COMPANY, def-app

570101/15. ORTHOPEDIC SPECIALIST OF GREATER NEW YORK a/a/o KENNIA FERNANDEZ, plf-res, v. CHUBB INDEMNITY INSURANCE COMPANY, def-app — Order (Elizabeth A. Taylor), entered July 8, 2014, insofar as appealed from, modified by granting defendant's motion for summary judgment dismissing plaintiff's claim in the sum of $212.37; as modified, order affirmed, without costs.

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570101/15. ORTHOPEDIC SPECIALIST OF GREATER NEW YORK a/a/o KENNIA FERNANDEZ, plf-res, v. CHUBB INDEMNITY INSURANCE COMPANY, def-app — Order (Elizabeth A. Taylor), entered July 8, 2014, insofar as appealed from, modified by granting defendant’s motion for summary judgment dismissing plaintiff’s claim in the sum of $212.37; as modified, order affirmed, without costs.

We agree that the conflicting medical expert opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the orthopedic surgery underlying plaintiff’s first party no fault claim in the sum of $3,408.11. However, defendant made a prima facie showing of entitlement to summary judgment dismissing plaintiff’s no-fault claim in the sum of $212.37, by the affidavit of its claims adjuster demonstrating that plaintiff submitted the claim beyond the 45-day time limit for submission of claims (see 11 NYCRR 65-1.1[d]; Liriano v. Eveready Ins. Co., 65 AD3d 524, 525 [2009]). Plaintiff’s opposing submissions failed to raise any triable issue. The affidavit of plaintiff’s office manager did not allege a personal mailing of the claim within the 45-day period or describe plaintiff’s regular office mailing practice and procedure (see Tower Ins. Co. of N.Y. v. Ray & Frank Liq. Store, 104 AD3d 482 [2013]; Westchester Med. Ctr. v. Countrywide Ins. Co., 45 AD3d 676, 677 [2007]).

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