JJ CHIROPRACTIC PC v. MVAIC (2019)

Supreme Court, Appellate Term, New York.

JJ & R CHIROPRACTIC PC, a/a/o Eugenie Revange, Plaintiff-Respondent, v. MVAIC, Defendant-Appellant.

570024 /19

Decided: October 04, 2019

PRESENT: Shulman, P.J., Cooper, Edmead, JJ.

Order (Mary V. Rosado, J.), entered April 18, 2018, affirmed, with $10 costs.

This action, seeking recovery of no-fault first-party benefits, is not ripe for summary dismissal, since defendant MVAIC failed in its burden to establish, prima facie, that plaintiff's assignor was not a “qualified person” entitled to no-fault coverage (see Socrates Med. Health, P.C. v. MVAIC, 29 Misc 3d 129[A], 2010 NY Slip Op 51780[U] [App Term, 1st Dept 2010]). Nor has defendant established that plaintiff was required to “exhaust its remedies” against the vehicle's owner prior to commencing this action (see Omega Diagnostic Imaging, P.C. v. MVAIC, 30 Misc 3d 145[A], 2011 NY Slip Op 50432[U] [App Term, 1st Dept 2011]; Omega Diagnostic Imaging, P.C. v. MVAIC, 29 Misc 3d 129[A], 2010 NY Slip Op 51779[U] [App Term, 1st Dept 2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law