Opinion
570379/10.
Decided February 25, 2011.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered March 11, 2010, which granted plaintiff's motion for summary judgment, and denied defendant's cross motion for summary judgment dismissing the complaint.
Order (Nelida Malave-Gonzalez, J.), entered March 11, 2011, affirmed, without costs.
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ.
Plaintiff made a prima facie showing of entitlement to judgment as a matter of law on its complaint seeking recovery of assigned first-party no-fault benefits ( see New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429, lv denied 4 NY3d 705). In opposition, defendant-MVAIC failed to raise a triable issue with respect to whether plaintiff's assignor was "qualified" to receive benefits from defendant ( see generally MVAIC v Interboro Med. Care Diagnostic PC, 73 AD3d 667), or whether plaintiff's assignor failed to comply with Insurance Law § 5208.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.