Opinion
No. 570038/13.
2013-07-31
POMONA MEDICAL DIAGNOSTICS, PC, a/a/o Ebony Stukes, Plaintiff–Respondent, v. MVAIC, Defendant–Appellant.
The abbreviated trial record now before us—consisting merely of brief colloquy between counsel and the court, and the submission of documents—was insufficient to permit an informed determination of this first-party no-fault action. Notably, the parties' documentary submissions raised a substantial factual question as to the timeliness of the claim, since the police accident report indicates that the accident occurred on July 29, 2007, while the notice of intention to make claim, dated August 27, 2008, reflects an accident date of July 29, 2008. This factual issue cannot be resolved solely on the pleadings and proffered documents ( see generally Devlin v. Video Servs. Acquisition, 188 A.D.2d 370 [1992] ). Nor is the insurance information contained in the police accident report dispositive as to coverage, since it remains unknown on this record whether the person who reported the insurance code listed therein was under a duty to provide that information to the police ( see Matter of Allcity Ins. Co. (Iglesias), 264 A.D.2d 580 [1999];Balboa Ins. Co. v. Alston, 141 A.D.2d 364 [1988] ).