FAIR PRICE MEDICAL SUPPLY INC v. ST PAUL TRAVELERS INSURANCE COMPANY (2007)

Order (Lizbeth Gonzalez, J.), dated January 5, 2006, affirmed, with $10 costs.   In response to plaintiff's interrogatories, defendant insurer admitted that it received the no-fault claims at issue and made partial payment on the claims.   Inasmuch as defendant's verified answers to the interrogatories constituted admissions of a party, which are admissible as evidence (see Bigelow v. Acands, Inc., 196 A.D.2d 436, 601 N.Y.S.2d 478 [1993] ), defendant may not now be heard to argue that plaintiff failed to submit proof that the claims had been mailed and received, and that they were overdue (see Mary Immaculate Hosp. v. Allstate Ins. Co., 5 A.D.3d 742, 774 N.Y.S.2d 564 [2004] ).   To the extent that Empire State Psychological Servs. v. Travelers Ins. Co., 13 Misc.3d 131(A), 2006 WL 2829791 (2006) supports a contrary conclusion, we decline to follow it.

Defendant waived any objections based on lack of proof of assignment since it did not seek verification of the assignment (see Hospital for Joint Diseases v. Allstate Ins. Co., 21 A.D.3d 348, 800 N.Y.S.2d 190 [2005];  Laufer v. Lumberman's Mut. Cas. Co., 9 Misc.3d 133[A] [2005], 2005 N.Y. Slip Op. 51632 [U], 2005 WL 2544294 [2005] ).   Since defendant failed to assert any other defenses, judgment was properly entered in favor of plaintiff.

PER CURIAM.