Sure Way NY, Inc. v. MVAIC

75 Misc. 3d 137(A), 2022 NY Slip Op 50573(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: June 10, 2022
• Docket: 2020-83 K C
• Status: Unpublished

Opinion

Sure Way NY, Inc. v MVAIC (2022 NY Slip Op 50573(U)) [*1]

Sure Way NY, Inc. v MVAIC

2022 NY Slip Op 50573(U) [75 Misc 3d 137(A)]

Decided on June 10, 2022

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 10, 2022

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2020-83 K C

Sure Way NY, Inc., as Assignee of Modeste, Sheldon, Appellant,

against

MVAIC, Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Marshall & Marshall (Frank D'Esposito of counsel), for respondent.

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 AD3d 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.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 10, 2022