Opinion
No. 570408/22
11-17-2022
Central Park Physical Medicine PC a/a/o Ana Gutierrez, Plaintiff-Respondent, v. MVAIC, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, J.P., Tisch, Michael, JJ.
PER CURIAM.
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Denise M. Dominguez, J.), entered August 19, 2021, which denied its motion for summary judgment dismissing the complaint.
Order (Denise M. Dominguez, J.), entered August 19, 2021, reversed, without costs, motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendant MVAIC's submission in support of its motion for summary judgment established, prima facie, that plaintiff's assignor was not a "qualified" person entitled to no fault benefits from MVAIC because she was an "insured" under an automobile policy in her own name (see Insurance Law §§ 5202[b], 5221[b][2]; Englington Med., P.C. v Motor Veh. Acc. Indem. Corp., 81 A.D.3d 223, 228 [2011]; Matter of Kenyon, 105 A.D.2d 530 [1984]; BNE Clinton Med., P.C. v MVAIC, 74 Misc.3d 128 [A], 2022 NY Slip Op 50058[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]). In opposition, plaintiff failed to raise any triable issue, and did not even address defendant's submission of the certified Department of Motor Vehicles record, which reflected that plaintiff's assignor had an automobile insurance policy with GEICO on the day of the accident. Nor did MVAIC's alleged failure to show that it timely mailed verification requests preclude it from asserting the threshold coverage defense (see generally Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 N.Y.2d 195, 199-200 [1997]).