Opinion
570350/05.
Decided September 13, 2006.
Defendants appeal from so much of an order of the Civil Court, Bronx County (Larry Schachner, J.), entered January 31, 2005, as denied their motion for summary judgment dismissing the complaint.
Order (Larry Schachner, J.), entered January 31, 2005, insofar as appealed from, reversed, without costs, and defendants' motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment accordingly.
PRESENT: McCOOE, J.P., GANGEL-JACOB, J.
In this action to recover assigned first party no-fault benefits, the defendant insurers established their entitlement to summary judgment dismissing the complaint. Defendants timely denied the claims in the amounts of $818.89, $620.97 and $1,060.01 on the stated ground that plaintiff's assignors did not respond to their requests for statements regarding the accident and medical treatment. Since it is uncontroverted on this record that plaintiff's assignors did not comply with defendants' repeated requests for statements, defendants' motion for summary judgment dismissing the causes of action pertaining to the foregoing claims should have been granted ( see 11 NYCRR 65.1-1 [d]; Inwood Hill Med., P.C. v. General Assur. Co., 10 Misc 3d 18).
Defendants are also entitled to summary judgment dismissing the remaining claims in the amounts of $793.24 and $604.34 on the ground of non-receipt of said claims, inasmuch as plaintiff's submissions in opposition were insufficient to raise triable issues of fact.
This constitutes the decision and order of the court.