SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
August 31, 2012
EAST GUN HILL MEDICAL, P.C. AS ASSIGNEE OF RENNE PABON, RESPONDENT, --
NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, APPELLANT.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 2, 2011.
East Gun Hill Med., P.C. v New York Cent. Mut. Fire Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on August 31, 2012
PRESENT: PESCE, P.J., RIOS and ALIOTTA, JJ
The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, we find that the Civil Court properly denied defendant's motion for summary judgment dismissing the complaint. Defendant failed to establish, as a matter of law, its proffered grounds for its entitlement to summary judgment, to wit, that written notice setting forth the details of the accident had not been submitted to defendant within 30 days of the accident or that plaintiff had failed to submit written proof of claim to defendant within 45 days of the services rendered (see Insurance Department Regulations [11 NYCRR] § 65-1.1).
Accordingly, the order, insofar as appealed from, is affirmed.
Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: August 31, 2012
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