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Socrates Med. Health, P.C. v MVAIC
2010 NY Slip Op 51780(U) [29 Misc 3d 129(A)]
Decided on October 15, 2010
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 15, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570708/09.

Socrates Medical Health, P.C. a/a/o Jose Clarillo, Plaintiff-Respondent,

against

MVAIC, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), dated January 23, 2008, which denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Lizbeth Gonzalez, J.), dated January 23, 2008, affirmed, without costs.

Civil Court properly denied defendant's motion for summary judgment, since material outstanding disclosure remains extant. Summary judgment may be renewed upon the completion of disclosure. We note that, contrary to defendant's assertion, plaintiff is not required to establish that its assignor is a "qualified person"; the burden on this issue lies with defendant (see Motor Veh. Acc. Indem. Corp. v Interboro Med. Care & Diagnostic, PC, 73 AD3d 667 [2010]; New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004], lv denied 4 NY3d 705 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: October 15, 2010