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Larisa Supplies, Inc. As Assignee of Dana Yusupov v. Mvaic

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


March 29, 2011

LARISA SUPPLIES, INC. AS ASSIGNEE OF DANA YUSUPOV,
APPELLANT,
v.
MVAIC,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered August 19, 2009.

Larisa Supplies, Inc. v MVAIC

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 29, 2011

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ

The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $10 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment on the ground that there was no coverage because plaintiff's assignor had not provided MVAIC with a timely completed, notarized notice of intention to make claim form. Plaintiff opposed the motion. The Civil Court granted MVAIC's motion, and this appeal by plaintiff ensued.

Since MVAIC established that there was no timely filing of a notice of claim and that leave was not sought to file a late notice of claim (see Insurance Law § 5208 [a], [c]), plaintiff's assignor is not a covered person (see Insurance Law § 5221 [b] [2]), and a condition precedent to the right to apply for payment of no-fault benefits from MVAIC was not satisfied (M.N.M. Med. Health Care, P.C. v MVAIC, 22 Misc 3d 128[A], 2009 NY Slip Op 50041[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; Bell Air Med. Supply, LLC v MVAIC, 16 Misc 3d 135[A], 2007 NY Slip Op 51607[U] [App Term, 2d & 11th Jud Dists 2007]; Ocean Diagnostic Imaging v Motor Veh. Acc. Indem. Corp., 8 Misc 3d 137[A], 2005 NY Slip Op 51271[U] [App Term, 2d & 11th Jud Dists 2005]). Accordingly, MVAIC's motion for summary judgment dismissing the complaint was properly granted.

Pesce, P.J., Weston and Steinhardt, JJ., concur.

Decision Date: March 29, 2011

20110329

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