Opinion
No. 2010–1750QC.
2012-01-24
INTUITIVE CHIROPRACTIC, P.C. as Assignee of Margarita Mendez, Respondent, v. MVAIC, Appellant.
Present: WESTON, J.P., PESCE and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered June 18, 2010, deemed from a judgment of the same court entered July 8, 2010 (see CPLR 5512[a]; Neuman v. Otto, 114 A.D.2d 791 [1985] ). The judgment, entered pursuant to the June 18, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $829.84.
ORDERED that the judgment is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint. We deem the appeal to be from the judgment entered pursuant to the order ( seeCPLR 5512[a]; Neuman v. Otto, 114 A.D.2d 791 [1985] ).
On appeal, defendant contends that plaintiff was not entitled to summary judgment because plaintiff's assignor was not a qualified person since he failed to provide defendant with a household affidavit or written proof of lack of insurance. This argument lacks merit because plaintiff's assignor's status as a qualified person is not dependent upon defendant's receipt of these documents ( seeInsurance Law § 5202[b]; Liberty Orthopedics, PLLC v. MVAIC, 20 Misc.3d 136[A], 2008 N.Y. Slip Op 51533[U] [App Term, 2d & 11th Jud Dists 2008] ). As plaintiff established its prima facie entitlement to judgment as a matter of law ( see New York Hosp. Med. Ctr. of Queens v. Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004] ), the judgment is affirmed.