Defendant appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered May 14, 2007, which granted plaintiff's motion for summary judgment.

Per Curiam.

Order (Manuel J. Mendez, J.), entered May 14, 2007, reversed, with $10 costs, motion denied, and upon searching the record, summary judgment awarded to defendant dismissing the action.

In this action to recover no-fault first party benefits, defendant's documentary submissions were sufficient to give rise to a presumption that defendant's verification requests were timely mailed and received by plaintiff (see Nassau Ins. Co. v Murray, 46 NY2d 828 [1978]). Inasmuch as an insurer is not required to pay or deny a claim until it receives verification of all relevant requested information (see 11 NYCRR 65-3.8[b][3]; Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 19 AD3d 569 [2005]), and it being undisputed on this record that plaintiff did not respond to defendant's verification requests, plaintiff's claim for payment was premature. Under these circumstances, where no triable issue exists as to whether plaintiff provided defendant with the requested information, defendant is entitled to summary judgment dismissing the action (see Hospital for Joint Diseases v State Farm Mut. Auto. Ins. Co., 8 AD3d 533 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 16, 2008