| Socrates Med. Health, P.C. v MVAIC |
| 2011 NY Slip Op 51961(U) [33 Misc 3d 132(A)] |
| Decided on November 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Elizabeth A. Taylor, J.), entered May 18, 2010, in favor of plaintiff in the principal sum
of $2,844.91, and from an order (same court and Judge), dated April 5, 2010, which denied its
motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for
summary judgment.
Per Curiam.
Judgment (Elizabeth A. Taylor, J.) entered May 18, 2010, affirmed, with $25 costs. Appeal from order (Elizabeth A. Taylor, J.), dated April 5, 2010, dismissed, without costs, as subsumed in the appeal from the judgment.
In opposition to plaintiff's prima facie showing of entitlement to judgment as a matter of law
on its complaint seeking recovery of assigned first-party no-fault benefits, defendant MVAIC
failed to raise a triable issue with respect to its lack of coverage defense. Defendant failed to
submit any competent proof establishing that plaintiff's assignor was not qualified to receive
no-fault benefits (see Englington Med.,
P.C. v Motor Veh. Acc. Indem. Corp., 81 AD3d 223, 229 [2011]; Matter of MVAIC v Interboro Med. Care &
Diagnostic PC, 73 AD3d 667 [2010]). Nor did defendant show that plaintiff was
required to "exhaust its remedies" prior to commencing this action (see Omega Diagnostic Imaging, P.C. v
MVAIC, 29 Misc 3d 129[A], 2010 NY Slip Op 51779[U] [App Term, 1st Dept 2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 02, 2011