Fair Price Med. Sup. v. St. Farm Mut. Auto. Ins.

Full title: FAIR PRICE MEDICAL SUPPLY CORP. A/A/O MARIE PAUL, Appellant, v. STATE FARM…

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

Date published: Oct 21, 2004

2004 N.Y. Slip Op. 51242 (N.Y. App. Term 2004)

Opinion

2003-1651 KC.

Decided October 21, 2004.

Appeal by plaintiff from an order of the Civil Court, Kings County (J. Sullivan, J.), entered on December 2, 2002, which denied its motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.

In this action to recover assigned no-fault benefits, defendant's submissions in opposition to plaintiff's motion for summary judgment consisting of, inter alia, the affidavit of its special investigator supported by examinations under oath taken of plaintiff's assignor and other persons involved in the accident, are sufficient to raise a triable issue of fact as to whether the collision was part of a fraudulent insurance scheme. Accordingly, plaintiff's motion for summary judgment was properly denied.