Opinion
No. 2012–1034 K C.
2014-08-8
Delta Diagnostic Radiology, P.C. as Assignee of JUNIOR BISHOP, Respondent, v. MVAIC, Appellant.
Present PESCE, P.J., WESTON and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered April 23, 2012. The order denied defendant's motion to vacate an order of the same court entered August 16, 2011, which had granted, on default, plaintiff's motion for summary judgment.
ORDERED that the order entered April 23, 2012 is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied a motion by defendant Motor Vehicle Accident Indemnification Corp. (sued herein as MVAIC), pursuant to CPLR 5015, to vacate an order of the same court entered August 16, 2011, which had granted plaintiff's motion for summary judgment on default. Although MVAIC contends that plaintiff's assignor was not a qualified person because he had failed to demonstrate that he was a New York resident ( see Insurance Law § 5202[b] ), the record establishes that defendant received a notarized notice of intention to make claim form, executed by plaintiff's assignor, as well as a police report, both of which set forth the New York residence of plaintiff's assignor ( see generally Insurance Law § 5221[b][2] ). Consequently, MVAIC's conclusory assertion that these sworn documents are insufficient to satisfy Insurance Law § 5202(b) and that further documentary proof is required lacks merit ( see Allstate Social Work & Psychological Svcs, P.L.L.C. v. MVAIC, 36 Misc.3d 141[A], 2012 N.Y. Slip Op 51498[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; Complete Med. Servs. of NY, P.C. v. MVAIC, 33 Misc.3d 127[A], 2011 N.Y. Slip Op 51835[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ). In view of the foregoing, it is unnecessary to consider whether MVAIC demonstrated a reasonable excuse for its default ( see Toland v. Young, 60 AD3d 754 [2009] ).
Accordingly, the order is affirmed.