| Bronx Expert Radiology, P.C. v Motor Veh. Acc. Indem. Corp. |
| 2012 NY Slip Op 51617(U) [36 Misc 3d 145(A)] |
| Decided on August 29, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected in part through September 6, 2012; it will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Nelida Malave-Gonzalez, J.), entered January 3, 2011, which granted plaintiff's motion for
summary judgment and denied defendant's cross motion for summary judgment dismissing the
complaint.
Per Curiam.
Order (Nelida Malave-Gonzalez, J.), entered January 3, 2011, affirmed, with $10 costs.
In opposition to plaintiff's prima facie showing of entitlement to summary judgment on its claim for assigned first-party no-fault benefits, defendant MVAIC failed to raise a triable issue of fact. "The burden is on MVAIC to prove its lack-of-coverage defense" (Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]). On this record, and given the denial of coverage letter from the putative insurer - stating that the vehicle which struck plaintiff's assignor was not insured on the date of the underlying accident - defendant failed to raise a triable issue as to whether there was a policy of insurance in effect at the time of the accident (see Pomona Med. Diagnostic v MVAIC, 30 Misc 3d 132[A],2011 NY Slip Op 50042[U][App Term, 1st Dept 2011]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 29, 2012