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Omega Medical Diagnostic v. Mvaic

Appellate Term of the Supreme Court of New York, First Department
Feb 25, 2011
2011 N.Y. Slip Op. 50275 (N.Y. App. Term 2011)

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.


Summaries of

Omega Medical Diagnostic v. Mvaic

Appellate Term of the Supreme Court of New York, First Department
Feb 25, 2011
2011 N.Y. Slip Op. 50275 (N.Y. App. Term 2011)
Case details for

Omega Medical Diagnostic v. Mvaic

Case Details

Full title:OMEGA MEDICAL DIAGNOSTIC a/a/o GLORIA GUITY, Plaintiff-Respondent, v…

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

Date published: Feb 25, 2011

Citations

2011 N.Y. Slip Op. 50275 (N.Y. App. Term 2011)