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Pomona Med. Diagnostic v. Mvaic

Appellate Term of the Supreme Court of New York, First Department
Jan 14, 2011
2011 N.Y. Slip Op. 50042 (N.Y. App. Term 2011)

Opinion

570681/10.

Decided January 14, 2011.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered June 30, 2010, which denied its motion for summary judgment dismissing the complaint.

Order (Donald A. Miles, J.), entered June 30, 2010, affirmed, without costs.

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ.


Defendant's motion for summary judgment dismissing the complaint was properly denied, albeit for reasons other than those stated by Civil Court. In support of its contention that plaintiff's assignor was not a "qualified" person entitled to payment of first-party no-fault benefits by defendant ( see Insurance Law § 5221[b]), defendant relied on inadmissible hearsay — an uncertified computer printout of an "insurance activity expansion" ( see Progressive Classic Ins. Co. v Kitchen, 46 AD3d 333). In any event, the expansion does not establish that there was a policy of insurance in effect at the time of the accident ( see generally id.; cf. Matter of Commercial Union Ins. Co. (Kim), 268 AD2d 296, lv denied 95 NY2d 762). Defendant's submissions are also insufficient to establish as a matter of law that plaintiff's assignor did not comply with the notice of claim requirements ( see Insurance Law § 5208).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur


Summaries of

Pomona Med. Diagnostic v. Mvaic

Appellate Term of the Supreme Court of New York, First Department
Jan 14, 2011
2011 N.Y. Slip Op. 50042 (N.Y. App. Term 2011)
Case details for

Pomona Med. Diagnostic v. Mvaic

Case Details

Full title:POMONA MEDICAL DIAGNOSTIC A/A/O CELSA INTRIAGO, Plaintiff-Respondent, v…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 14, 2011

Citations

2011 N.Y. Slip Op. 50042 (N.Y. App. Term 2011)