November 5, 2010

S & L Med. P.C. v MVAIC (2010 NY Slip Op 51885(U))

Headnote

After a nonjury trial, a provider was awarded $7,484.29 in assigned first-party no-fault benefits against MVAIC. MVAIC had conceded that its denial was untimely, but it was not precluded from asserting that the assignor was not a qualified person entitled to benefits. The Appellate Term found that the trial evidence supported the verdict because MVAIC failed to establish that defense at trial. The judgment was affirmed.

Reported in New York Official Reports at S & L Med. P.C. v MVAIC (2010 NY Slip Op 51885(U))

[*1]
S & L Med. P.C. v MVAIC
2010 NY Slip Op 51885(U) [29 Misc 3d 131(A)]
Decided on November 5, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 5, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570448/10.

S & L Medical P.C., a/a/o Julio Ceasar, Plaintiff-Respondent,

against

MVAIC, Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered June 2, 2009, after a nonjury trial, in favor of plaintiff and awarding it no-fault benefits in the principal sum of $7,484.29.


Per Curiam.

Judgment (Fernando Tapia, J.), entered June 2, 2009, affirmed, without costs.

The trial evidence, fairly interpreted, supports the verdict in favor of plaintiff awarding it assigned first-party no-fault benefits. While MVAIC was not precluded by its conceded untimely denial of plaintiff’s claim from asserting the defense that plaintiff’s assignor was not qualified to receive no-fault benefits (see Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]), MVAIC failed to establish that defense at trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 05, 2010