Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Larry S. Schachner, J.), entered March 7, 2006, which denied its motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.

Per Curiam.

Order (Larry S. Schachner, J.), entered March 7, 2006, affirmed, with $10 costs.

In opposition to plaintiff's prima facie showing of entitlement to summary judgment on its claim for assigned first-party no-fault benefits, defendant MVAIC failed to raise a triable issue of fact. Defendant, which bore the burden of proving its lack of coverage defense (see Matter of MVAIC v Interboro Med. Care & Diagnostic, PC, 73 AD3d 667 [2010]), failed to submit any competent proof establishing that plaintiff's assignor was not qualified to receive no-fault benefits (see Englington Med., P.C. v Motor Veh. Acc. Indem. Corp., 81 AD3d 223, 229 [2011]; Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]). Nor was the assignor's status as a qualified person dependent upon defendant's receipt of a household affidavit, at least on this record, which contains no indication that defendant timely objected to the adequacy of plaintiff's claim form or timely sought verification of the claim (see New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004], lv denied 4 NY3d 705 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 15, 2012