Civil Court of the City of New York June 2, 2004 (Rockaway Boulevard Medical P.C. v. Progressive Insurance)

OPINION OF THE COURT

Edgar G. Walker, J.

*445In this action to recover unpaid benefits claimed to be due for medical services allegedly rendered to its assignor, plaintiff* has moved for summary judgment. In support of the motion plaintiff has annexed, inter alia, the claim form it submitted to the defendant which it claims was neither timely paid nor denied.