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Omega Medical Diagnostic A/A/O Gloria Guity v. Mvaic

February 25, 2011

OMEGA MEDICAL DIAGNOSTIC A/A/O GLORIA GUITY,
PLAINTIFF-RESPONDENT,
v.
MVAIC,
DEFENDANT-APPELLANT.



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.

Per curiam.

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 This opinion is uncorrected and will not be published in the printed Official Reports.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 [2004], lv denied 4 NY3d 705 [2005]). 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 [2010]), 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

20110225

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