[*1]
A.B. Med. Servs. v State Farm Mut. Auto. Ins. Co.
2004 NY Slip Op 50638(U)
Decided on June 22, 2004
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 22, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-968 N C

A.B. MEDICAL SERVICES PLLC D.A.V. CHIROPRACTIC P.C. SOMUN ACUPUNCTURE P.C. a/a/o Mike Peterson Rodney Dexter, Appellants,

against

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.


Appeal by plaintiffs from so much of an order of the District Court, Nassau County (M. Massell, J.), entered May 27, 2003, as denied their motion for summary judgment.


Order unanimously affirmed with $10 costs.

Plaintiffs commenced the instant action to recover assigned first-party no-fault benefits. In opposition to plaintiffs' motion for summary judgment and in support of its cross motion for summary judgment, defendant submitted an affidavit from an investigator employed within defendant's Special Investigations Unit. After the court denied the motion and cross motion, plaintiffs filed this appeal.

Contrary to plaintiffs' contention, the investigator's detailed affidavit set forth sufficient facts to demonstrate that defendants possessed a "founded belief that the alleged injur[ies] do[] not arise out of an insured incident" (Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]). As a result, because defendant demonstrated the existence of a triable issue of fact as to whether there was a lack of coverage (see id.), plaintiffs' motion for summary judgment was properly denied. [*2]

Plaintiffs' remaining contentions either lack merit or are not properly before this court (see Jackson-Cutler v Long, 2 AD3d 590 [2003]).
Decision Date: June 22, 2004