Scott Chiropractic, P.C. v MVAIC (2019 NY Slip Op 51056(U))

Reported in New York Official Reports at Scott Chiropractic, P.C. v MVAIC (2019 NY Slip Op 51056(U))

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Marshall & Marshall, PLLC (Jeffrey Kadushin of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (John J. Kelley, J.), entered November 16, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant Motor Vehicle Accident Indemnification Corporation’s (sued herein as MVAIC) motion for summary judgment dismissing the complaint and denied plaintiff’s cross motion for summary judgment.

Contrary to plaintiff’s sole argument on appeal, defendant sufficiently established that plaintiff had failed to submit its claim forms to MVAIC within 45 days after the services at issue had been rendered. As a result, plaintiff has demonstrated no basis to disturb the order granting MVAIC’s motion for summary judgment dismissing the complaint (see 11 NYCRR 65-1.1; Bajaj v MVAIC, 49 Misc 3d 145[A], 2015 NY Slip Op 51661[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]).

Accordingly, the order is affirmed.