A.B. Med. Servs. PLLC v. State Farm Mut. Auto. Ins. Co

In A.B. Med. Servs. PLLC v. State Farm Mut. Auto. Ins. Co. (4 Misc. 3d 141[A], 2004 NY Slip Op 51031[U], 798 N.Y.S.2d 342 [App Term, 9th & 10th Jud Dists 2004]) the Appellate Term reversed the grant of a plaintiff's motion for summary judgment finding, inter alia, that one of the plaintiffs had failed to prove its prima facie case because the record did not contain an assignment. The Appellate Term reached that result even though the decision does not indicate that the defendant asked for verification of the assignment or issued a timely denial on that basis.