Bruno, Gerbino, Soriano & Aitken, LLP (Susan B. Eisner of counsel), for appellant. Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), entered January 21, 2020. The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that plaintiff's assignor was not a "qualified" person.

Upon a review of the record, we find that the motion papers establish that plaintiff's assignor was not a "qualified" person entitled to benefits from MVAIC, as he resided in the same household as his stepfather who had an automobile insurance policy which provided that relatives who reside in the same household were also insureds under the insurance policy (see Insurance Law § 5202 [b]; Smith v Pennsylvania Gen. Ins. Co., 32 AD2d 854 [1969], affd 27 NY2d 830 [1970]). To the extent plaintiff argued, and the Civil Court held, that plaintiff's assignor was not an insured because he was [*2]over 18 years of age, neither the insurance policy nor the mandatory personal injury protection endorsement (11 NYCRR 65-1.1) limits coverage based upon the age of relatives. In light of the

Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

Paul Kenny