February 22, 2019

Island Life Chiropractic Pain Care, PLLC v MVAIC (2019 NY Slip Op 50226(U))

Headnote

The assignor failed to establish qualification for MVAIC benefits because the assignor admitted purchasing the car driven in the accident. In the provider's action to recover assigned first-party no-fault benefits, MVAIC sought summary judgment dismissing the complaint. The record showed that the assignor had purchased the vehicle about one week before the accident. Applying Insurance Law § 5202 (b), the Appellate Term, Second Department, reversed the order denying MVAIC's motion and granted summary judgment dismissing the complaint.

Reported in New York Official Reports at Island Life Chiropractic Pain Care, PLLC v MVAIC (2019 NY Slip Op 50226(U))

[*1]
Island Life Chiropractic Pain Care, PLLC v MVAIC
2019 NY Slip Op 50226(U) [62 Misc 3d 148(A)]
Decided on February 22, 2019
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 22, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2016-3001 K C

Island Life Chiropractic Pain Care, PLLC, as Assignee of Joseph, Morriseau, Respondent,

against

MVAIC, Appellant.


Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered August 1, 2016. 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 which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff’s assignor failed to demonstrate that he was a “qualified” person entitled to benefits from MVAIC, as the record indicates that plaintiff’s assignor admitted that, about one week prior to the accident, he had purchased the car he was driving when the accident occurred (see Insurance Law § 5202 [b]; Naula v Dela Puente, 48 AD3d 434 [2008]; Barillas v Rivera, 32 AD3d 872 [2006]; T & S Med. Supply Corp. v MVAIC, 58 Misc 3d 131[A], 2017 NY Slip Op 51755[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).

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

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: February 22, 2019

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