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Delta Diagnostic Radiology, P.C. As Assignee of Archie Coleman and Kevin Coleman, Appellant v. Integon National Ins. Co.

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


October 25, 2012

DELTA DIAGNOSTIC RADIOLOGY, P.C. AS ASSIGNEE OF ARCHIE COLEMAN AND KEVIN COLEMAN, APPELLANT,
v.
INTEGON NATIONAL INS. CO., RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered December 8, 2009.

Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co.

Decided on October 25, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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

October 25, 2012

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, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

On appeal, plaintiff challenges the admissibility of the evidence proffered by defendant in support of its motion. For example, plaintiff contends that defendant did not establish that the accident in question occurred in North Carolina, because the police report submitted by defendant was not certified. However, the NF-2 forms submitted by plaintiff's two assignors both asserted that the accident occurred in North Carolina. Plaintiff's remaining contentions equally lack merit. Accordingly, as plaintiff failed to raise any triable issue of fact in response to defendant's motion, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur. Decision Date: October 25, 2012

20121025

© 1992-2012 VersusLaw Inc.



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