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S & L Med. P.C. v MVAIC
2010 NY Slip Op 51885(U) [29 Misc 3d 131(A)]
Decided on November 5, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 5, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570448/10.

S & L Medical P.C., a/a/o Julio Ceasar, Plaintiff-Respondent,

against

MVAIC, Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered June 2, 2009, after a nonjury trial, in favor of plaintiff and awarding it no-fault benefits in the principal sum of $7,484.29.


Per Curiam.

Judgment (Fernando Tapia, J.), entered June 2, 2009, affirmed, without costs.

The trial evidence, fairly interpreted, supports the verdict in favor of plaintiff awarding it assigned first-party no-fault benefits. While MVAIC was not precluded by its conceded untimely denial of plaintiff's claim from asserting the defense that plaintiff's assignor was not qualified to receive no-fault benefits (see Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]), MVAIC failed to establish that defense at trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 05, 2010