In an action to recover no-fault benefits under an insurance contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated October 20, 2006, which granted the defendant’s cross motion for summary judgment dismissing the second, third, and fourth causes of action and, in effect, denied its motion for summary judgment on those causes of action.
Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for summary judgment on the second, third, and fourth cause of action is granted, and the defendant’s cross motion for summary judgment dismissing the second, third, and fourth causes of action is denied.
With respect to the second cause of action involving health services provided to Kevin Kane to recover no-fault benefits under an insurance contract and the third cause of action involving health services provided to Gladys Navarro, limited to recovery of an attorney’s fee and statutory interest, the plaintiff
With respect to the fourth cause of action to recover no-fault benefits but involving health services provided to Alyssa Arater, the plaintiff similarly demonstrated its entitlement to judgment as a matter of law by demonstrating that the necessary billing documents were mailed to and received by the defendant and that payment of the no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [a] [1]; Mount Sinai Hosp. v Joan Serv. Corp., supra; Mary Immaculate Hosp. v Allstate Ins. Co., supra). The defendant presented evidence in opposition to the motion and in support of its cross motion that the plaintiff failed to provide verification material, i.e. medical records, requested in writing by the defendant on October 21,
The defendant mistakenly places complete rebanee upon this Court’s determination in New York & Presbyt. Hosp. v Allstate Ins. Co. (supra) to support its position that the plaintiffs evidence was inadequate. Under the particular facts of that case, we determined that the certified mail receipt and the “Track & Confirm” printout were insufficient to support a grant of summary judgment to the plaintiff. Specifically, no evidence was presented that the material purportedly mailed to Allstate was mailed under the proffered certified mail receipt number. Here, however, the plaintiff presented sufficient evidence, despite the absence of a signed return receipt card, to demonstrate that it mailed the requested medical records to the defendant. Most notably, both the cover letter and the outgoing certified mail receipt contained a handwritten notation that the items being mailed were the Axater medical records. Moreover, the certified mail receipt, with a postmark of February 13, 2006, matched the date on the cover letter, and the “Track & Confirm” printout indicated that an item under the same mailing number was delivered on February 15, 2006, in Farmingdale, New York, and signed for by “W Deall,” the same person who signed for the records relating to the second and third causes of action. As such, the defendant’s assertion that the plaintiff failed to respond to its request for verification was sufficiently rebutted by the plaintiff’s submissions which established the plaintiff’s entitlement to summary judgment since the defendant did not tender payment within 30 days of receiving the verification material (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [a] [1],
