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Pomona Medical Diagnostic, P.C. A/A/O Jas Wellington v. Mvaic

New York Supreme and/or Appellate Courts Appellate Term, First Department


October 18, 2011

POMONA MEDICAL DIAGNOSTIC, P.C. A/A/O JAS WELLINGTON,
PLAINTIFF-RESPONDENT,
v.
MVAIC,
DEFENDANT-APPELLANT.

Per curiam.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 [2011]; Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]). 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] [2011]; Omega Diagnostic Imaging, P.C. v MVAIC., 29 Misc 3d 129[A], 2010 NY Slip Op 51779[U] [2010]).

We have considered and rejected defendant's remaining arguments. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: October 18, 2011

20111018

© 1992-2011 VersusLaw Inc.



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