APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
February 25, 2011
OMEGA MEDICAL DIAGNOSTIC A/A/O GLORIA GUITY,
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered March 11, 2010, which granted plaintiff's motion for summary judgment, and denied defendant's cross motion for summary judgment dismissing the complaint.
Omega Med. Diagnostic v MVAIC
2011 NY Slip Op 50275(U)
Decided on February 25, 2011
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
Order (Nelida Malave-Gonzalez, J.), entered March 11, 2011, affirmed, without costs.
Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on its complaint seeking recovery of assigned first-party no-fault benefits (see New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 , lv denied 4 NY3d 705 ). In opposition, defendant-MVAIC failed to raise a triable issue with respect to whether plaintiff's assignor was "qualified" to receive benefits from defendant (see generally MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 ), or whether plaintiff's assignor failed to comply with Insurance Law § 5208. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur Decision
Date: February 25, 2011
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