Big Apple Med. Group Corp. v MVAIC (2026 NY Slip Op 51298(U))

Reported in New York Official Reports at Big Apple Med. Group Corp. v MVAIC (2026 NY Slip Op 51298(U))

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on June 12, 2026

2025-993 K C

Present: : Wavny Toussaint, P.J., Marina Cora Mundy, Joanne D. Quiñones, JJ

Marshall & Marshall, PLLC (Angelique Evangelista and Frank D’Esposito of counsel), for appellant. The Rybak Firm, PLLC (Richard Rozhik of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sherveal R. Mimes, J.), dated March 18, 2025. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

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 so much of an order of the Civil Court (Sherveal R. Mimes, J.) dated March 18, 2025 as denied MVAIC’s motion for summary judgment dismissing the complaint.

Contrary to MVAIC’s contention, its motion papers do not demonstrate, prima facie, that the vehicle in which plaintiff’s assignor was a passenger at the time of the subject accident was covered by an insurance policy issued by State Farm Insurance Company. While the certified New Jersey Department of Motor Vehicles abstract, relied on by MVAIC, indicates that the vehicle was insured at the time of the registration, it does not show that the vehicle was insured [*2]at the time of the subject accident, which was two months later, as plaintiff correctly contends. Plaintiff further notes that the police accident report, annexed to defendant’s own motion, indicates that the subject vehicle was uninsured at the time of the accident. Consequently, defendant was not entitled to summary judgment dismissing the complaint (see NY Wellness Med., P.C. v MVAIC, 86 Misc 3d 134[A], 2025 NY Slip Op 51165[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2025]; cf. Bell Air Med. Supply, LLC v MVAIC, 77 Misc 3d 131[A], 2022 NY Slip Op 51233[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]).

Accordingly, the order, insofar as appealed from, is affirmed.

TOUSSAINT, P.J., MUNDY and QUIÑONES, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: June 12, 2026