Opinion
No. 2020-83 K C
06-10-2022
Sure Way NY, Inc., as Assignee of Modeste, Sheldon, Appellant, v. MVAIC, Respondent.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Marshall & Marshall (Frank D'Esposito of counsel), for respondent.
Unpublished Opinion
The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant.
Marshall & Marshall (Frank D'Esposito of counsel), for respondent.
PRESENT:: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Rosemarie Montalbano, J.), entered August 27, 2019. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting a motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment dismissing the complaint and denying plaintiff's cross motion for summary judgment.
Contrary to plaintiff's sole appellate contention with respect to MVAIC's motion for summary judgment dismissing the complaint, the affidavit of MVAIC's claim representative was sufficient to establish, prima facie, that MVAIC had timely denied plaintiff's claims (see Vincent's Hosp. of Richmond v Government Empls. Ins. Co., 50 A.D.3d 1123 [2008]; cf. Exclusive Physical Therapy, P.C. v MVAIC, 35 Misc.3d 139 [A], 2012 NY Slip Op 50862[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]). In opposition, plaintiff failed to raise a triable issue of fact.
Accordingly, the order is affirmed.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.