February 20, 2026
Royal Rehab, Inc. v MVAIC (2026 NY Slip Op 50672(U))
Headnote
Reported in New York Official Reports at Royal Rehab, Inc. v MVAIC (2026 NY Slip Op 50672(U))
| Royal Rehab, Inc. v MVAIC |
| 2026 NY Slip Op 50672(U) [88 Misc 3d 134(A)] |
| Decided on February 20, 2026 |
| Appellate Term, Second Department |
| As corrected in part through July 17, 2026; it will not be published in the printed Official Reports. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Royal Rehab, Inc., as Assignee of Joann Castro, Respondent,
v
MVAIC, Appellant.
Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts
Decided on February 20, 2026
2025-989 K C
Present: : Chereé A. Buggs, J.P., Marina Cora Mundy, Lisa S. Ottley, JJ
Marshall & Marshall, PLLC (Angelique Evangelista and Frank D’Esposito of counsel), for appellant. The Rybak Firm, PLLC, for respondent (no brief filed).
Appeal from an order of the Civil Court of the City of New York, Kings County (Sandra E. Roper, J.), dated March 19, 2025. The order, insofar as appealed from and as limited by the brief, denied defendant’s motion for summary judgment dismissing the complaint.
[*1]ORDERED that the order, insofar as appealed from, 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, as limited by its brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) dated March 19, 2025 as denied defendant’s motion which had sought summary judgment dismissing the complaint on the ground that there was no coverage due to the failure of plaintiff’s assignor to provide MVAIC with notice of intention to file a claim.
“The filing of a timely affidavit providing the MVAIC with notice of intention to file a claim is a condition precedent to the right to apply for payment from [MVAIC]. Compliance with the statutory requirement of timely filing a notice of claim must be established in order to demonstrate [*2]that the claimant is a covered person, within the meaning of the statute, entitled to recover no-fault benefits from the MVAIC” (Avicenna Med. Arts, P.L.L.C. v MVAIC, 53 Misc 3d 142[A], 2016 NY Slip Op 51535[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] [internal quotation marks and citations omitted]; see Insurance Law § 5221 [a] [1], [3]; [b] [2]). MVAIC established that it had not received such an affidavit. In opposition, plaintiff failed to establish that such an affidavit had been submitted to MVAIC. Consequently, the Civil Court should have granted defendant’s motion and dismissed the complaint (see Oleg’s Acupuncture, P.C. v MVAIC, 75 Misc 3d 140[A], 2022 NY Slip Op 50593[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; Lantsman Acupuncture, P.C. v MVAIC, 75 Misc 3d 137[A], 2022 NY Slip Op 50568[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]).
Accordingly, the order, insofar as appealed from, is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.
BUGGS, J.P., MUNDY and OTTLEY, JJ., concur.
ENTER:
Jennifer Chan
Chief Clerk
Decision Date: February 20, 2026