New York Supreme and/or Appellate Courts Appellate Term, First Department
October 18, 2011
POMONA MEDICAL DIAGNOSTIC, P.C. A/A/O JAS WELLINGTON,
Pomona Med. Diagnostic, P.C. v MVAIC
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered June 16, 2010, which denied its motion for summary judgment dismissing the complaint.
Order (Raul Cruz, J.), entered June 16, 2010, affirmed, with $10 costs.
In this action to recover assigned no-fault benefits, Civil Court
properly denied defendant's motion for summary judgment dismissing the
claim. Defendant failed to meet its burden to establish, prima facie,
that plaintiff's assignor was not a "qualified person" entitled to
no-fault coverage (see Englington Med., P.C. v Motor Veh. Acc. Indem.
Corp., 81 AD3d 223, 229 ; Matter of MVAIC v Interboro Med. Care
& Diagnostic PC, 73 AD3d 667 ). Nor has defendant shown, on this record, that
plaintiff was required to "exhaust its remedies" prior to seeking reimbursement (see Omega
Diagnostic Imaging, P.C. v MVAIC, 30 Misc 3d 145[A], 2011 NY Slip Op 50432[U] ; Omega Diagnostic
Imaging, P.C. v MVAIC., 29 Misc 3d 129[A], 2010 NY
Slip Op 51779[U] ).
We have considered and rejected defendant's remaining arguments. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 18, 2011
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