Prima facie case in MVAIC matterNovember 28, 2015
SK Prime Med. Supply, Inc. v MVAIC, 2015 NY Slip Op 51663(U)(App. Term 2d Dept. 2015)
“Although plaintiff’s witness testified that she had mailed the claim form to MVAIC and that the claim had not been paid, since plaintiff did not establish that plaintiff’s assignor provided MVAIC with proof that the assignor was a resident of the State of New York on the date of the accident and that a notice of intention to make claim form was submitted to MVAIC, plaintiff failed to establish its prima facie case”
The medical provider must also prove that Assignor was a NY resident and that a notice of intention was filed.