Opinion
No. 2013–1576 K C.
03-17-2015
NEW WAY MEDICAL SUPPLY CORP. as Assignee of Jonathan Trevino, Appellant, v. AMERICAN TRANSIT INS. CO., Respondent.
Opinion
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment.
Because plaintiff failed to establish either that defendant had failed to pay or deny the claim within the requisite 30–day period (see Insurance Law § 5106[a] ; Viviane Etienne Med. Care, P.C. v. Country–Wide Ins. Co., 114 AD3d 33 [2013] ), or that defendant had issued a timely denial of claim that was conclusory, vague or without merit as a matter of law (see Westchester Med. Ctr. v. Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010] ; Ave T MPC Corp. v.. Auto One Ins. Co., 32 Misc.3d 128[A], 2011 N.Y. Slip Op 51292[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ), plaintiff failed to demonstrate its prima facie entitlement to summary judgment. Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.