Opinion
No. 570364/22
02-16-2023
Performance Life Chiropractic PC a/a/o Angelo Arias, Plaintiff-Respondent, v. MVAIC, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Denise M. Dominguez, J.), entered October 12, 2021, which denied its motion for summary judgment dismissing the complaint.
PRESENT: Hagler, P.J., Tisch, James, JJ.
PER CURIAM.
Order (Denise M. Dominguez, J.), entered October 12, 2021, reversed, with $10 costs, motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendant MVAIC's submission in support of its motion for summary judgment established, prima facie, that plaintiff's assignor was not a "qualified" person entitled to no fault benefits from MVAIC because she was an "insured" under an automobile policy in her own name (see Insurance Law §§ 5202[b], 5221[b][2]; Englington Med., P.C. v Motor Veh. Acc. Indem. Corp., 81 A.D.3d 223, 228 [2011]; Matter of Kenyon, 105 A.D.2d 530 [1984]). MVAIC's proof included a certified document from the Department of Motor Vehicles (DMV) indicating that the assignor was an insured under an automobile insurance policy issued by GEICO (see Central Park Physical Medicine PC v MVAIC, 77 Misc.3d 127 [A], 2022 NY Slip Op 51127[U] [App Term, 1st Dept 2022]; see also Matter of Insurance Co. of N. Am. v Castillo, 158 A.D.2d 691, 692 [1990]).
In opposition, the affirmation of counsel failed to raise any triable issue, and did not even address the certified DMV record showing insurance coverage.