Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Robert R. Reed, J.), entered February 25, 2011, which denied its motion for summary judgment dismissing the complaint.
Wellness Physical Therapy, P.C. v Praetorian Ins. Co.
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 This opinion is uncorrected and will not be published in the printed Official Reports.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 (Robert R. Reed, J.), entered February 25, 2011, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
In support of its motion for summary judgment, defendant established that its verification letters were timely and properly mailed to plaintiff (see Nassau Ins. Co. v Murray, 46 NY2d 828, 829 ; LMK Psychological Servs., P.C. v Liberty Mut. Ins. Co., 30 AD3d 727, 728 ; Badio v Liberty Mut. Fire Ins. Co., 12 AD3d 229 ). It being undisputed on this record that plaintiff failed to respond to defendant's verification requests, defendant established its prima facie entitlement to summary judgment dismissing the claim as premature (see St. Vincent Med. Care, P.C. v Country Wide Ins. Co., 80 AD3d 599, 600 ). In opposition, plaintiff's conclusory denial of receipt of the verification letters was insufficient to raise a triable issue of fact (see Nassau Ins. Co. v Murray, 46 NY2d at 829-830; Pardo v Central Coop. Ins. Co., 223 AD2d 832, 833 ; Abuhamra v New York Mut. Underwriters, 170 AD2d 1003, 1004 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 29, 2011
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