Opinion
570845/05.
Decided February 1, 2006.
Defendant appeals from an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered May 24, 2005, which denied its motion for summary judgment dismissing the complaint.
Order (Fernando Tapia, J.), entered May 24, 2005, reversed, with $10 costs, and defendant's motion for summary judgment is granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.
PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ
Plaintiff seeks recovery of no-fault benefits allegedly due its assignor as a result of a 2001 automobile accident. Civil Court denied defendant's unopposed summary judgment motion, finding the existence of an unspecified "triable issue of fact." The record reveals that neither plaintiff nor its assignor submitted written notice of the accident to defendant within the requisite 90-day period ( cf. Allcity Ins. Co. v. Novas, 272 AD2d 116), nor did they submit proof that they were unable to comply with such time limitation due to circumstances beyond their control ( see Medical Society of State v. Serio, 100 NY2d 854, 868). Accordingly, defendant's motion for summary judgment should have been granted.
We note that the court disposed of the motion without providing any explanation or reason for its decision, a practice to be avoided ( see Nadle v. L.O. Realty Corp., 286 AD2d 130).
This constitutes the decision and order of the court.