Central Bronx Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 52023(U))

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Central Bronx Med., P.C. v New York Cent. Mut. Fire Ins. Co.

2007 NY Slip Op 52023(U) [17 Misc 3d 132(A)]

Decided on October 17, 2007

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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2007

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, HEITLER, JJ
570675/06.

Central Bronx Medical, P.C. a/a/o Luis Perez, Plaintiff-Respondent,

against

New York Central Mutual Fire Ins. Co., Defendant-Appellant,

Defendant appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), dated November 21, 2005, which, inter alia, granted plaintiff's motion for summary judgment.

Per Curiam.

Order (Julia I. Rodriguez, J.), dated November 21, 2005, affirmed, with $10 costs.

The accident analysis report (referred to as a "low impact study") submitted by defendant was insufficient to raise an issue of fact as to its lack of coverage defense (see Bronx Radiology PC v New York Cent. Mut. Fire Ins. Co., appeal numbered 06-412, decided herewith). Defendant's denial of claim form acknowledging receipt of plaintiff's claims adequately established that plaintiff mailed the claims to defendant (see A.B. Med. Servs, PLCC v New York Cent. Mut. Fire Ins. Co., 3 Misc 3d 136A [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
McKeon, P.J., and Heitler, J., concur; McCooe, J., concurs in result only.
Decision Date: October 17, 2007