Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered December 3, 2009, deemed from a judgment of the same court entered January 26, 2010 (see CPLR 5501 [c]).
Farragut Corner Medical, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 4, 2011
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ
The judgment, entered pursuant to the December 3, 2009 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $997.27.
ORDERED that the judgment is affirmed, without 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) appeals from an order which granted plaintiff's motion for summary judgment. A judgment was subsequently entered, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).
On appeal, defendant contends that although it had received a sworn notice of intention to make claim form (see Insurance Law § 5208), plaintiff was not entitled to summary judgment because plaintiff's assignor was not a qualified person since she had failed to provide defendant with a household affidavit. Defendant's argument lacks merit because plaintiff's assignor's status as a qualified person is not dependent upon defendant's receipt of a household affidavit (see Insurance Law § 5202 [b]; Liberty Orthopedics, PLLC v MVAIC, 20 Misc 3d 136[A], 2008 NY Slip Op 51533[U] [App Term, 2d & 11th Jud Dists 2008]; see generally New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 ). Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: August 04, 2011
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