Bronx Expert Radiology v. Motor Vehicle Accident, Indemnification Corp.
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
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.
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.
Interboro Med. Care & Diagnostic PC, 73 AD3d 667 ). 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.