Opinion
03-186, 570297/03.
Decided June 17, 2004.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County, entered on or about December 23, 2002 (Robert A. Sackett, J.) which, inter alia, granted plaintiff's motion for summary judgment in the principal sum of $1,039.26.
Order entered on or about December 23, 2002 (Robert A. Sackett, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Plaintiff demonstrated entitlement to summary judgment on its no-fault insurance claim by proof establishing that it submitted the requisite documents for payment, but the defendant insurer neither paid nor denied the claim, nor requested verification, within the requisite periods ( see Central Gen. Hosp. v. Chubb Group, 90 NY2d 195; New York Presbyt. Hosp. v. Progressive Cas. Ins. Co., 5 AD3d 568). In opposition, defendant failed to demonstrate the existence of a triable issue of fact. To the extent that defendant sought to rely upon any claimed deficiency in plaintiff's initial application for no-fault benefits, defendant waived any such defense by failing to raise it in its denial of claim ( see Presbyterian Hosp. v. Aetna Cas. + Sur. Co., 233 AD2d 433).
This constitutes the decision and order of the court.