Opinion
No. 2010–3109 K C.
2012-08-6
ALLSTATE SOCIAL WORK AND PSYCHOLOGICAL Svcs, P.L.L.C. as Assignee of Yana Petran, Appellant, v. MVAIC, Respondent.
Present: PESCE, P.J., RIOS and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered April 28, 2010. The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is denied.
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 a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint.
MVAIC's motion for summary judgment was predicated upon its claim that plaintiff's assignor was not a qualified person because she had failed to demonstrate that she was a New York resident ( seeInsurance Law § 5202[b] ). However, annexed to MVAIC's moving papers was a sworn notice of claim (Insurance Law § 5208) in which plaintiff's assignor had set forth her Brooklyn residence. The assignor also set forth the same address in the household affidavit which MVAIC had requested and received ( see generally Farragut Corner Med., P.C. v. MVAIC, 32 Misc.3d 137[A], 2011 N.Y. Slip Op 51529[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ). MVAIC's conclusory assertion that these sworn documents are insufficient to satisfy Insurance Law § 5202(b) and that further documentary proof is required lacks merit ( see Complete Med. Servs. of NY, P.C. v. MVAIC, 33 Misc.3d 127[A], 2011 N.Y. Slip Op 51835[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ).
Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.