Opinion
05-143, 570211/05.
Decided October 11, 2005.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered January 20, 2005 (Larry Schachner, J.) which denied his motion for summary judgment with leave to renew upon the submission of proper papers.
Order entered January 20, 2005 (Larry Schachner, J.) reversed, with $10 costs, plaintiff's motion for summary judgment is granted, and the matter is remitted to Civil Court for (1) the assessment of appropriate attorney's fees pursuant to Insurance Law § 5106(a) and the regulations promulgated thereunder, and (2) the entry of a judgment in favor of plaintiff and against defendant in the principal sum of $3,072.08, plus appropriate interest and attorney's fees.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The defendant insurer's failure to object to the adequacy of plaintiff's no-fault claim form within 10 days of receipt constituted a waiver of any defenses based thereon, including any alleged technical deficiencies in the assignment of benefits ( see 11 NYCRR 65.15[d]; Nyack Hosp. v. Metropolitan Prop Cas. Ins. Co., 16 AD3d 564). Defendant thus failed to raise a triable issue of fact in response to the plaintiff's prima facie showing of entitlement to judgment as a matter of law.
This constitutes the decision and order of the court.