| Diagnostic Rehab. Med. Serv. P.C. v Travelers Indem. Co. |
| 2004 NY Slip Op 24505 [6 Misc 3d 68] |
| Accepted for Miscellaneous Reports Publication |
| AT2 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 13, 2005 |
| Diagnostic Rehab. Medicine Serv. P.C., as Assignee of Iris Mazariegos, Appellant, v Travelers Indemnity Company, Respondent. |
Supreme Court, Appellate Term, Second Department, December 10, 2004
APPEARANCES OF COUNSEL
Israel, Israel & Purdy LLP, Great Neck (William M. Purdy of counsel), for appellant. Moore & Associates, New York City, and Carol R. Finocchio, New York City (Lisa M. Comeau of counsel), for respondent.
Memorandum.
Order unanimously reversed without costs and defendant's motion to dismiss the complaint denied.
In this action to recover assigned no-fault benefits, the purported assignment form is signed by the claimant but does not designate a named assignee. However, defendant insurer, having failed to seek additional verification or allege any deficiency in the assignment in its denial of claim form, waived any defenses with respect thereto (see Presbyterian Hosp. in City of N.Y. v Aetna Cas. & Sur. Co., 233 AD2d 433 [1996]; A.B. Med. Servs., PLLC v Nationwide Mut. Ins. Co., 6 Misc 3d 70 [2004]; Park Health Ctr. v Eveready Ins. Co., 2001 NY Slip Op 40665[U] [App Term, 2d & 11th Jud Dists 2001]; see also New York Hosp. Med. Ctr. of Queens v New York Cent. Mut. Fire Ins. Co., 8 AD3d 640 [2004]). Accordingly, defendant's motion to dismiss the complaint should [*2]have been denied. To the extent that A.B. Med. Servs. v Progressive Ins. (2003 NY Slip Op 50790[U] [App Term, 2d & 11th Jud Dists 2003]) may be inconsistent with our decision herein, we no longer adhere to it.
The parties' remaining contentions are without merit or rendered academic in view of the determinations herein.
Pesce, P.J., Aronin and Patterson, JJ., concur.