Bronx Advanced Med., P.C. v Liberty Mut. Ins. Co.

[*1] Bronx Advanced Med., P.C. v Liberty Mut. Ins. Co. 2007 NY Slip Op 51334(U) [16 Misc 3d 130(A)] Decided on July 9, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 9, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, KLEIN HEITLER, JJ
570548/06.

Bronx Advanced Medical, P.C. a/a/o Joshua Gomez Plaintiff-Respondent, - -

against

Liberty Mutual Insurance Company,07-097 Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Francis Alessandro, J.), entered January 25, 2006, which granted plaintiff's motion for summary judgment in the principal amount of $4,126.93.

Per Curiam.

Order (Francis Alessandro, J.), entered January 25, 2006, reversed, with $10 costs, motion denied, and matter remanded for further proceedings.

In this action to recover assigned first party no-fault benefits, defendant's submissions in opposition to plaintiffs' motion for summary judgment sufficed to raise triable issues of fact as to whether the "alleged injury [did] not arise out of an insured incident" (Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]). Thus, plaintiff's motion for summary judgment should have been denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: July 9, 2007