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Appellate Term, Second Department: July 19, 2019

Appellate Term, Second Department: July 19, 2019

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Second, Eleventh and Thirteenth JudicIal DistrictsCases Released on: July 19, 2019

By: Pesce, P.J., Weston, Aliotta, JJ.The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.Abrams, Cohen & Associates, P.C. (Frank Piccininni of counsel), for respondent.2016-1416 K C. VERASO MED. SUPPLY CORP. v. STATE FARM MUT. AUTO. INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered April 19, 2016. The order, insofar as appealed from as limited by the brief, granted the branch of defendant’s motion seeking summary judgment dismissing the second cause of action.ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s motion seeking summary judgment dismissing the second cause of action is denied.In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branch of defendant’s motion seeking summary judgment dismissing the second cause of action on the ground that plaintiff had failed to provide requested verification.Plaintiff correctly argues that the affidavit it submitted in opposition to defendant’s motion was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see St. Vincent’s Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]) and thus that there is a triable issue of fact as to whether the verification had been provided.Accordingly, the order, insofar as appealed from, is reversed and the branch of defendant’s motion seeking summary judgment dismissing the second cause of action is denied.PESCE, P.J., WESTON and ALIOTTA, JJ., concur.July 12, 2019

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