TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res

15-137. TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Lynn R. Kotler, J.), entered March 21, 2014, insofar as appealed from, reversed, with $10 costs, plaintiffs' cross motion for partial summary judgment on their first through sixth causes of action is granted, and that branch of defendant's motion seeking to compel discovery is denied.

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15-137. TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Lynn R. Kotler, J.), entered March 21, 2014, insofar as appealed from, reversed, with $10 costs, plaintiffs’ cross motion for partial summary judgment on their first through sixth causes of action is granted, and that branch of defendant’s motion seeking to compel discovery is denied.

Plaintiffs-providers established their prima facie entitlement to partial summary judgment on the first-party no-fault claims set forth in their first through sixth causes of action (see Insurance Law §5106[a]; Countrywide Ins. Co. v. 563 Grand Med., P.C., 50 AD3d 313 [2008]. In opposition, defendant failed to raise a triable issue. Indeed, defendant’s own documentary submissions, which included plaintiffs’ claim forms that were date-stamped received by defendant, established defendant’s receipt of plaintiffs’ claims and that payment of benefits was overdue (see Fair Price Med. Supply, Inc. v. St. Paul Travelers Ins. Co., 16 Misc 3d 8, 9 [2007]).

TUTTO ANESTHESIA, PALISADE SURGERY CENTER, LLC, AND NEAL GOLDSMITH, D.C. a/a/o ELVIRA MARTINEZ AND LISSETTE VICENTE, plf-app, v. AMERICAN COUNTRY INSURANCE COMPANY, def-res

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