AFFIDAVIT OF BILLING SUPERVISOR WAS SUFFICIENT TO OVERCOME A 45 DAY DENIAL

AFFIDAVIT OF BILLING SUPERVISOR WAS SUFFICIENT TO OVERCOME A 45 DAY DENIAL

BAB Nuclear Radiology, P.C. v. Mercury Casualty Company,  Slip Copy, 2016 WL 1064632 (Table), 2016 N.Y. Slip Op. 50318(U).

Here, the affidavit of the billing supervisor was sufficient to overcome a denial by the defendant that Plaintiff failed to submit the bill within 45 days of the dates the services were rendered.  The Court stated as follows:

Contrary to defendant’s sole contention on appeal, the affidavit of plaintiff’s billing supervisor was sufficient to demonstrate the existence of a triable issue of fact with respect to whether the claim had been timely submitted to defendant. Consequently, defendant did not prove, as a matter of law, that plaintiff had failed to comply with the regulation requiring submission of claims within 45 days of the services rendered (see 11 NYCRR 65-1.1).

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