Royal Rehab, Inc., as Assignee of Joann Castro, Respondent, v. MVAIC (2026)

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) appeals, as limited by its brief, from so much of an order of the Civil Court (Sandra E. Roper, J.) dated March 19, 2025 as denied defendant's motion which had sought summary judgment dismissing the complaint on the ground that there was no coverage due to the failure of plaintiff's assignor to provide MVAIC with notice of intention to file a claim.

"The filing of a timely affidavit providing the MVAIC with notice of intention to file a claim is a condition precedent to the right to apply for payment from [MVAIC]. Compliance with the statutory requirement of timely filing a notice of claim must be established in order to demonstrate that the claimant is a covered person, within the meaning of the statute, entitled to recover no-fault benefits from the MVAIC" (Avicenna Med. Arts, P.L.L.C. v MVAIC, 53 Misc 3d 142[A], 2016 NY Slip Op 51535[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] [internal quotation marks and citations omitted]; see Insurance Law § 5221 [a] [1], [3]; [b] [2]). MVAIC established that it had not received such an affidavit. In opposition, plaintiff failed to establish that such an affidavit had been submitted to MVAIC. Consequently, the Civil Court should have granted defendant's motion and dismissed the complaint (see Oleg's Acupuncture, P.C. v MVAIC, 75 Misc 3d 140[A], 2022 NY Slip Op 50593[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; Lantsman Acupuncture, P.C. v MVAIC, 75 Misc 3d 137[A], 2022 NY Slip Op 50568[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]).

Accordingly, the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

BUGGS, J.P., MUNDY and OTTLEY, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: February 20, 2026