Cite as: Darlington Medical Diagnostic, P.C. v. Praetorian Ins. Co., 570058/11, NYLJ 1202583546607, at *1 (App. Tm., 1st, Decided September 11, 2012)

Before: Lowe, III, P.J., Shulman, Torres, JJ.

Decided: September 11, 2012

 

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Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered October 12, 2010, which denied its motion for summary judgment dismissing the complaint.

PER CURIAM

Order (Raul Cruz, J.), entered October 12, 2010, reversed, with $10 costs, motion granted and complaint dismissed. (See Darlington Med. Diagnostic, P.C. v. Praetorian Ins. Co., appeal numbered 11-265, decided herewith.) The Clerk is directed to enter judgment accordingly.

In granting the defendant-insurer's motion for summary judgment dismissing the within first-party no-fault action,

 

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note that plaintiff's third-party biller acknowledged receipt of defendant's follow-up verification demand, but failed to explain why it took no responsive action. Moreover, contrary to the view expressed below and as plaintiff now expressly acknowledges, plaintiff neither claimed nor showed that it responded in any way to defendant's properly issued verification demands.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.