Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Central Radiology Services, P.C. As Assignee of Adris Ortiz and Loriana Ortiz v. Mvaic

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


April 6, 2011

CENTRAL RADIOLOGY SERVICES, P.C. AS ASSIGNEE OF ADRIS ORTIZ AND LORIANA ORTIZ,
RESPONDENT,
v.
MVAIC,
APPELLANT.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 7, 2009.

Central Radiology Servs., P.C. 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 6, 2011

PRESENT: GOLIA, J.P., PESCE and RIOS, JJ

The judgment, entered pursuant to an order of the same court dated August 20, 2008 denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $1,758.40.

ORDERED that the judgment is reversed, without costs, the order entered August 20, 2008 denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment is vacated, defendant's motion is granted and plaintiff's cross motion is denied.

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 dismissing the complaint on the ground, among others, that there was no coverage because no proof had been provided establishing that all insurance remedies had been exhausted against the owner of the vehicle in which plaintiff's assignors had been passengers. Plaintiff cross-moved for summary judgment. The Civil Court denied MVAIC's motion and granted plaintiff's cross motion. A judgment was subsequently entered.

Since plaintiff and its assignors were aware of the identity of the owner of the vehicle in which the assignors had been passengers at the time of the accident, plaintiff, as assignee, was required to exhaust its remedies against the vehicle's owner before seeking relief from MVAIC (Hauswirth v American Home Assur. Co., 244 AD2d 528 [1997]; Modern Art Med., P.C. v MVAIC, 22 Misc 3d 126[A], 2008 NY Slip Op 52586[U] [App Term, 2d & 11th Jud Dists 2008]; Doctor Liliya Med., P.C. v MVAIC, 21 Misc 3d 143[A], 2008 NY Slip Op 52453[U] [App Term, 2d & 11th Jud Dists 2008]; Dr. Abakin, D.C., P.C. v MVAIC, 21 Misc 3d 134[A], 2008 NY Slip Op 52186[U] [App Term, 2d & 11th Jud Dists 2008]; Complete Med. Servs. of NY, P.C. v MVAIC, 20 Misc 3d 137[A], 2008 NY Slip Op 51541[U] [App Term, 2d & 11th Jud Dists 2008]). As plaintiff did not demonstrate that it had exhausted its remedies against the owner of the vehicle, the judgment is reversed, the order entered August 20, 2008 denying MVAIC's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment is vacated, MVAIC's motion is granted and plaintiff's cross motion is denied.

Golia, J.P., Pesce and Rios, JJ., concur.

Decision Date: April 06,2011

20110406

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.