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Farragut Corner Medical, P.C. As Assignee of Tamara Francis v. Mvaic

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


August 4, 2011

FARRAGUT CORNER MEDICAL, P.C. AS ASSIGNEE OF TAMARA FRANCIS, RESPONDENT,
v.
MVAIC,
APPELLANT.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 [2004]). Accordingly, the judgment is affirmed.

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

Decision Date: August 04, 2011

20110804

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