Opinion
No. 2012–2448 Q C.
03-16-2015
EAST GUN HILL MEDICAL, P.C. as Assignee of Dennis Campaniello, Respondent, v. MVAIC, Appellant.
Opinion
ORDERED that the judgment is reversed, with $30 costs, the order entered July 6, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross 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, entered July 6, 2012, which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. A judgment was subsequently entered, from which the appeal is deemed to have been taken (see CPLR 5501[c] ).
Since defendant established that there had been no timely filing of a notice of claim and that leave had not been sought to file a late notice of claim (see Insurance Law § 5208[a], [c] ), plaintiff's assignor is not a “covered person” (Insurance Law § 5221[b][2] ). Thus, a condition precedent to plaintiff's right to apply for payment of no-fault benefits from defendant has not been satisfied (M.N.M. Med. Health Care, P.C. v. MVAIC, 22 Misc.3d 128 [A], 2009 N.Y. Slip Op 50041[U] [App Term, 2d, 11th & 13th Jud Dists 2009] ; Bell Air Med. Supply, LLC v. MVAIC, 16 Misc.3d 135[A], 2007 N.Y. Slip Op 51607[U] [App Term, 2d & 11th Jud Dists 2007] ; Ocean Diagnostic Imaging v. Motor Veh. Acc. Indem. Corp., 8 Misc.3d 137[A], 2005 N.Y. Slip Op 51271[U] [App Term, 2d & 11th Jud Dists 2005] ). In light of the foregoing, we reach no other issue.
Accordingly, the judgment is reversed, the order entered July 6, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.