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Turnpike Medical, P.C. As Assignee of Pablo Ruiz, Respondent v. Mvaic

September 16, 2011

TURNPIKE MEDICAL, P.C. AS ASSIGNEE OF PABLO RUIZ, 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 June 8, 2009, deemed from a judgment of the same court entered July 23, 2009 (see CPLR 5501 [c]).

Turnpike Med., P.C. v MVAIC

Decided on September 16, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

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

The judgment, entered pursuant to the June 8, 2009 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $3,233.77.

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 plaintiff was not entitled to summary judgment because plaintiff's assignor was not a qualified person since he failed to provide defendant with written proof of lack of insurance. This argument lacks merit because plaintiff's assignor's status as a qualified person is not dependent upon defendant's receipt of these documents (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]). As plaintiff established its prima facie entitlement to judgment as a matter of law (see New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004]), and as defendant's remaining contentions are raised for the first time on appeal and are not properly before this court (see Terranova v Waheed Brokerage, Inc., 78 AD3d 1040 [2010]; Pierre v Lieber, 37 AD3d 572, 573 [2007]; Gouldborne v Approved Ambulance & Oxygen Serv., 2 AD3d 113, 114 [2003]; Ta-Chotani v Doubleclick, Inc., 276 AD2d 313 [2000]; Gordon v Hong, 126 AD2d 514 [1987]), the judgment is affirmed.

Weston, J.P., and Rios, J., concur.

Golia, J., concurs in a separate memorandum.

Golia, J., concurs with the result only in the following memorandum:

I am constrained to agree with the majority with regard to the issue of what constitutes a plaintiff's prima facie case in a no-fault action brought against the Motor Vehicle Accident Indemnification Corporation (MVAIC) in view of the Appellate Division's ruling in New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp. (12 AD3d 429 [2004]; see also Matter of MVAIC v Interboro Med. Care ...


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