February 25, 2011
Omega Med. Diagnostic v MVAIC (2011 NY Slip Op 50275(U))
Headnote
Reported in New York Official Reports at Omega Med. Diagnostic v MVAIC (2011 NY Slip Op 50275(U))
[*1]| Omega Med. Diagnostic v MVAIC |
| 2011 NY Slip Op 50275(U) [30 Misc 3d 141(A)] |
| Decided on February 25, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ
570379/10.
against
MVAIC, Defendant-Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Nelida Malave-Gonzalez, J.), entered March 11, 2010, which granted plaintiff’s motion for
summary judgment, and denied defendant’s cross motion for summary judgment dismissing the
complaint.
Per Curiam.
Order (Nelida Malave-Gonzalez, J.), entered March 11, 2011, affirmed, without costs.
Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on its
complaint seeking recovery of assigned first-party no-fault benefits (see New York Hosp.
Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004], lv
denied 4 NY3d 705 [2005]). In opposition, defendant-MVAIC failed to raise a triable issue
with respect to whether plaintiff’s assignor was “qualified” to receive benefits from defendant
(see generally MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]), or
whether plaintiff’s assignor failed to comply with Insurance Law § 5208.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: February 25, 2011