Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered December 21, 2011. The order denied defendant's motion to dismiss the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved to dismiss the complaint, pursuant to CPLR 3211 (a) and 3212, on the ground that defendant had not issued an insurance policy covering the subject accident and, thus, plaintiff had sued the wrong party. Plaintiff opposed the motion. Defendant appeals from an order of the Civil Court which denied defendant's motion.

In support of its motion, defendant submitted affidavits of its litigation manager and the claims litigation manager of American Independent Insurance Company (AIIC) which sufficiently established defendant's lack of coverage defense (see Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co., 31 Misc 3d 138[A], 2011 NY Slip Op 50743[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). Notably, the AIIC claims litigation manager attested that his company had issued the policy in question. Consequently, defendant demonstrated that plaintiff had sued the wrong insurance carrier and that defendant was not the carrier which covered the present accident.

Accordingly, the order is reversed and defendant's motion to dismiss the complaint is granted.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: August 21, 2013