Cite as: Pomona Medical Diagnostics, PC v. Motor Vehicle Accident Indemnification Corp., 570758/11, NYLJ 1202579097421, at *1 (Sup., App. Tm., 1st, Decided August 30, 2012)

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

Decided August 30, 2012




Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered October 19, 2010, which denied its motion for summary judgment dismissing the complaint.


Order (Raul Cruz, J.), entered October 19, 2010, affirmed, with $10 costs.

This action, seeking recovery of first-party no-fault 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 Englington Med., PC v. Motor Veh. Acc. Indem. Corp., 81 AD3d 223, 229 [2011]; Matter of MVAIC




v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]. The conflicting statements as to potential insurance coverage set forth in plaintiff's assignor's notice of intention to file a claim against MVAIC, while perhaps sufficient to raise a triable issue as to coverage, was insufficient to meet defendant's threshold burden to establish that 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]).