Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered June 15, 2010.
Quality Psychological Servs., P.C. v MVAIC
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., WESTON and RIOS, JJ
The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which granted the motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
MVAIC's moving papers made a prima facie showing that MVAIC had not received the claim at issue in the instant case and that, as a result, its time to pay or deny the claim had never begun to run (Insurance Department Regulations [11 NYCRR] § 65-3.8 [a]). In opposition, plaintiff failed to, among other things, establish that it had submitted the claim form to MVAIC (see St. Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 ; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). In light of the foregoing, the order is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: March 05, 2012
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