Odessa Med. Supply, Inc. v MVAIC

[*1] Odessa Med. Supply, Inc. v MVAIC 2010 NY Slip Op 51930(U) [29 Misc 3d 133(A)] Decided on November 12, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 12, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J. P., Shulman, Hunter, Jr., JJ
570566/10.

Odessa Medical Supply, Inc. a/a/o Robert Brown, Plaintiff-Respondent,

against

MVAIC, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), dated February 26, 2008, which granted plaintiff's motion for summary judgment on its complaint seeking the principal sum of $1,124.50, and implicitly denied defendant's cross motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Fernando Tapia, J.), dated February 26, 2008, modified to deny plaintiff's motion for summary judgment; as modified, order affirmed, without costs.

In opposition to plaintiff's prima facie showing of entitlement to judgment as a matter of law on its claim for assigned first-party no-fault benefits (see New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429 [2004], lv denied 4 NY3d 705 [2005]), defendant raised a triable issue regarding its "lack of coverage" defense (see generally Matter of MVAIC v Interboro Med. Care & Diagnostic PC, 73 AD3d 667 [2010]). Notably, defendant submitted competent evidence identifying a potential source of insurance for the subject loss (see Insurance Law § 5221).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 12, 2010