Opinion
No. 2013–1164 Q C.
11-12-2015
Dr. Deepika BAJAJ as Assignee of Jessica Torres, Respondent, v. MVAIC, Appellant.
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered April 11, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.
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 of the Civil Court which denied MVAIC's motion for summary judgment dismissing the complaint.
It is undisputed that plaintiff was required to submit its claim form to MVAIC within 45 days after the services at issue had been rendered (see 11 NYCRR 65–1.1; AAA Chiropractic, P.C. v. MVAIC, 29 Misc.3d 131[A], 2010 N.Y. Slip Op 51896[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; Nir v. MVAIC, 17 Misc.3d 134[A], 2007 N.Y. Slip Op 52124[U] [App Term, 2d & 11th Jud Dists 2007]; NY Arthroscopy & Sports Medicine PLLC v. Motor Veh. Acc. Indem. Corp., 15 Misc.3d 89 [App Term, 1st Dept 2007] ) and that plaintiff did not do so. MVAIC's denials of plaintiff's claims, based upon plaintiff's untimely submissions, informed plaintiff that MVAIC could excuse the delay if plaintiff provided “written justification” for the delay (see 11 NYCRR 65–3.3[e]; see also Matter of Medical Socy. of State of N.Y. v. Serio, 100 N.Y.2d 854, 862–863 2003; Nir, 17 Misc.3d 134[A], 2007 N.Y. Slip Op 52124[U] ). Since plaintiff failed to do so, MVAIC was entitled to summary judgment dismissing the complaint (see Americhoice Med., P .C. v. Motor Veh. Acc. Indem. Co., 41 Misc.3d 130[A], 2013 N.Y. Slip Op 51742[U] [App Term, 2d, 11th & 13th Jud Dists 2013] ).
Accordingly, the order is reversed and MVAIC's motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.