|Pomona Med. Diagnostics, P.C. v MVAIC|
|2011 NY Slip Op 52347(U) [34 Misc 3d 131(A)]|
|Decided on December 29, 2011|
|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|This opinion is uncorrected and will not be published in the printed Official Reports.|
Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx
County (Donald A. Miles, J.), entered June 30, 2010, which denied its motion for summary
judgment dismissing the complaint.
Order (Donald A. Miles, J.), entered June 30, 2010, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
The action, seeking recovery of assigned first-party no-fault benefits, arises from a
hit-and-run accident in which plaintiff's assignor allegedly was injured. Defendant demonstrated
entitlement to summary judgment dismissal of the action, having established that plaintiff's
assignor failed to comply with the statutory requirement that notice of the accident be given "to a
police, peace, or judicial officer" within 24 hours of the occurrence (Insurance Law §
5208[a][A]; see Meridian Health
Acupuncture, P.C. v MVAIC, 22 Misc 3d 141[A], 2009 NY Slip Op 50440[U] ).
In opposition, plaintiff failed to raise a triable issue. Plaintiff neither disputed that its assignor
failed to report the accident within the requisite 24-hour period nor proffered any reasonable
excuse for her failure to do so (see Insurance Law § 5208[a][B]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 29, 2011