Cite as: Bronx Expert Radiology v. Motor Vehicle Accident, Indemnification Corp., 570793/11, NYLJ 1202578606766, at *1 (Sup., App. Tm., 1st, Decided August 29, 2012)

Before: Lowe, III, P.J., Hunter, Jr., J.

Decided: August 29, 2012

 

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Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered January 3, 2011, which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

PER CURIAM.

Order (Nelida Malave-Gonzalez, J.), entered January 3, 2011, affirmed, with $10 costs.

In opposition to plaintiff's prima facie showing of entitlement to summary judgment on its claim for assigned first-party no-fault benefits, defendant MVAIC failed to raise a triable issue of fact. "The burden is on MVAIC to prove its lack-of-coverage defense" (Matter of MVAIC v.

 

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Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]). On this record, and given the denial of coverage letter from the putative insurer — stating that the vehicle which struck plaintiff's assignor was not insured on the date of the underlying accident — defendant failed to raise a triable issue as to whether there was a policy of insurance in effect at the time of the accident (see Pomona Med. Diagnostic v. MVAIC, 30 Misc 3d 132[A], 2011 NY Slip Op 50042[U][App Term, 1st Dept 2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.