PIERRE RENELIQUE v. OMNI INDEMNITY COMPANY (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 appeals from an order of the Civil Court denying defendant's motion which had sought summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the vehicle which was involved in the accident in question and that, therefore, plaintiff had sued the wrong party.

Contrary to the determination of the Civil Court, the deposition testimony of the vice president of claims for American Independent Companies was insufficient to raise a triable issue of fact in response to defendant's motion (see Tam Med. Supply Corp. v. Omni Indem. Co., 48 Misc 3d 142[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ). For the reasons stated in Island Life Chiropractic Pain Care, PLLC, as Assignee of Dorleans, Darlene v. Omni Indem. Co. (––– Misc 3d ––––, 2019 NY Slip Op [appeal No. 2017-526 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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