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Pomona Medical Diagnostics, P.C., A/A/O Faina Dubinskaya v. Mvaic

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


December 29, 2011

POMONA MEDICAL DIAGNOSTICS, P.C., A/A/O FAINA DUBINSKAYA, PLAINTIFF-RESPONDENT, - -
v.
MVAIC, DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered June 30, 2010, which denied its motion for summary judgment dismissing the complaint.

Per curiam.

Pomona Med. Diagnostics, P.C. v MVAIC

Decided on December 29, 2011

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 This opinion is uncorrected and will not be published in the printed Official Reports.

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Order (Donald A. Miles, J.), entered June 30, 2010, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

The action, seeking recovery of assigned first-party no-fault benefits, arises from a hit-and-run accident in which plaintiff's assignor allegedly was injured. Defendant demonstrated entitlement to summary judgment dismissal of the action, having established that plaintiff's assignor failed to comply with the statutory requirement that notice of the accident be given "to a police, peace, or judicial officer" within 24 hours of the occurrence (Insurance Law § 5208[a][2][A]; see Meridian Health Acupuncture, P.C. v MVAIC, 22 Misc 3d 141[A], 2009 NY Slip Op 50440[U] [2009]). In opposition, plaintiff failed to raise a triable issue. Plaintiff neither disputed that its assignor failed to report the accident within the requisite 24-hour period nor proffered any reasonable excuse for her failure to do so (see Insurance Law § 5208[a][2][B]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 29, 2011

20111229

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