ISLAND LIFE CHIROPRACTIC PAIN CARE PLLC v. MVAIC (2019)

ORDERED that the order 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 from an order of the Civil Court which denied defendant's motion for summary judgment dismissing the complaint.

Plaintiff's assignor failed to demonstrate that he was a “qualified” person entitled to benefits from MVAIC, as the record indicates that plaintiff's assignor admitted that, about one week prior to the accident, he had purchased the car he was driving when the accident occurred (see Insurance Law § 5202 [b]; Naula v. Dela Puente, 48 AD3d 434 [2008]; Barillas v. Rivera, 32 AD3d 872 [2006]; T & S Med. Supply Corp. v. MVAIC, 58 Misc 3d 131[A], 2017 NY Slip Op 51755[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017] ).

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

PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.