Cent. Bronx Med., P.C. v. N.Y. Cent. Mut.

Full title: CENTRAL BRONX MEDICAL, P.C. A/A/O LUIS PEREZ, Plaintiff-Respondent, v. NEW…

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

Date published: Oct 17, 2007

2007 N.Y. Slip Op. 52023 (N.Y. App. Term 2007)

Opinion

570675/06.

Decided October 17, 2007.

Defendant appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), dated November 21, 2005, which, inter alia, granted plaintiff's motion for summary judgment.

PRESENT: McKEON, P.J., McCOOE, HEITLER, JJ.

PER CURIAM.

Order (Julia I. Rodriguez, J.), dated November 21, 2005, affirmed, with $10 costs.

The accident analysis report (referred to as a "low impact study") submitted by defendant was insufficient to raise an issue of fact as to its lack of coverage defense ( see Bronx Radiology PC v New York Cent. Mut. Fire Ins. Co., appeal numbered 06-412, decided herewith). Defendant's denial of claim form acknowledging receipt of plaintiff's claims adequately established that plaintiff mailed the claims to defendant ( see A.B. Med. Servs, PLCC v New York Cent. Mut. Fire Ins. Co., 3 Misc 3d 136 A [2004]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

cKeon, P.J., and Heitler, J., concur; McCooe, J., concurs in result only.