Opinion
No. 2011–2994 K C.
2014-03-11
Plaintiff's moving papers failed to establish either that defendant failed to pay or deny the claim within the requisite 30–day period ( see Viviane Etienne Med. Care, P.C. v. Country–Wide Ins. Co., ––– AD3d ––––, 2013 N.Y. Slip Op 08430 [2d Dept 2013] ), or that defendant issued a timely denial of claim that was conclusory, vague or without merit as a matter of law ( seeInsurance Law § 5106[a]; Westchester Med. Ctr. v. Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010] ). As a result, the order is affirmed.