Opinion
No. 2010–2936 Q C.
2012-08-7
CENTRAL RADIOLOGY SERVICES, P.C. as Assignee of Belinda Guzman, Respondent, v. MVAIC, Appellant.
Present: PESCE, P.J., RIOS and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered October 4, 2010, deemed from a judgment of the same court entered November 4, 2010 (see CPLR 5501[c] ). The judgment, entered pursuant to the October 4, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $1,791.73.
ORDERED that the judgment is affirmed, without 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 an order which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. A judgment was subsequently entered, from which the appeal is deemed to have been taken ( seeCPLR 5501[c] ).
On appeal, defendant contends that, although it had received a sworn notice of intention to make claim form ( seeInsurance Law § 5208), plaintiff was not entitled to summary judgment because plaintiff's assignor was not a qualified person since she had failed to provide defendant with a household affidavit. Defendant's argument lacks merit because plaintiff's assignor's status as a qualified person is not dependent upon defendant's receipt of a household affidavit ( seeInsurance Law § 5202[b]; 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]; Liberty Orthopedics, PLLC v. MVAIC, 20 Misc.3d 136 [A], 2008 N.Y. Slip Op 51533[U] [App Term, 2d & 11th Jud Dists 2008]; see generally New York Hosp. Med. Ctr. of Queens v. Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004] ). Accordingly, the judgment is affirmed.