W. Tremont Med. Diag. v. Utica Mut. Ins.

Full title: WEST TREMONT MEDICAL DIAGNOSTICS P.C. a/a/o JESUS RODRIGUEZ…

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

Date published: Jun 30, 2009

2009 N.Y. Slip Op. 51325 (N.Y. App. Term 2009)

899 N.Y.S.2d 64

Opinion

570034/09.

Decided on June 30, 2009.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered February 9, 2007, which granted plaintiff's motion for summary judgment.

Order (Mitchell J. Danziger, J.), entered February 9, 2007, affirmed, without costs.

PRESENT: McKeon, P.J., Heitler, Shulman, JJ.

PER CURIAM.

In this action to recover first party no-fault benefits, defendant's submission in support of its staged accident defense was insufficient to establish a "founded belief that the alleged injury [did] not arise out of an insured incident" ( Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199; see Vista Surgical Supplies, Inc. v Utica Mut. Ins. Co., 2009 NY Slip Op 50493[U] [2009]). To the extent that defendant purports to rely upon a policy exclusion, any such defense is precluded in view of defendant's failure to timely deny the claims ( see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d at 199).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.