APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
November 2, 2011
SOCRATES MEDICAL HEALTH, P.C. A/A/O BETTY PEREZ,
PLAINTIFF-RESPONDENT, - -
Socrates Med. Health, P.C. v MVAIC
Decided on November 2, 2011
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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: Shulman, J.P., Hunter, Jr., Torres, JJ
Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Elizabeth A. Taylor, J.), entered May 18, 2010, in favor of plaintiff in the principal sum of $2,844.91, and from an order (same court and Judge), dated April 5, 2010, which denied its motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.
Judgment (Elizabeth A. Taylor, J.) entered May 18, 2010, affirmed, with $25 costs. Appeal from order (Elizabeth A. Taylor, J.), dated April 5, 2010, dismissed, without costs, as subsumed in the appeal from the judgment.
In opposition to plaintiff's prima facie showing of entitlement to
judgment as a matter of law on its complaint seeking recovery of
assigned first-party no-fault benefits, defendant MVAIC failed to
raise a triable issue with respect to its lack of coverage defense.
Defendant failed to submit any competent proof establishing that
plaintiff's assignor was not qualified to receive no-fault benefits
(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 did defendant show that
plaintiff was required to "exhaust its remedies" prior to commencing
this action (see Omega Diagnostic Imaging, P.C. v MVAIC, 29 Misc 3d 129[A], 2010 NY Slip Op 51779[U]
[App Term, 1st Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 02, 2011
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