SURE WAY NY INC v. MVAIC (2022)

Supreme Court, Appellate Term, New York,

SURE WAY NY, INC., as Assignee of Modeste, Sheldon, Appellant, v. MVAIC, Respondent.

2020-83 K C

Decided: June 10, 2022

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

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

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.

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