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).