Pomona Med. Diagnostic v MVAIC, 2011 NY Slip Op 50042(U)(App. Term 1st Dept. 2011)
This was just a stupid case to appeal. If an adversary can rip your papers apart like what was done in this case, then why the heck are you appealing it? That being said, the Second Department would probably have reached a contrary result.
“Defendant’s motion for summary judgment dismissing the complaint was properly denied, albeit for reasons other than those stated by Civil Court. In support of its contention that plaintiff’s assignor was not a “qualified” person entitled to payment of first-party no-fault benefits by defendant (see Insurance Law § 5221[b]), defendant relied on inadmissible hearsay — an uncertified computer printout of an “insurance activity expansion” (see Progressive Classic Ins. Co. v Kitchen, 46 AD3d 333 [2007]). In any event, the expansion does not establish that there was a policy of insurance in effect at the time of the accident (see generally id.; cf. Matter of Commercial Union Ins. Co. (Kim), 268 AD2d 296 [2000], lv denied 95 NY2d 762 [2000]). Defendant’s submissions are also insufficient to establish as a matter of law that plaintiff’s assignor did not comply with the notice of claim requirements (see Insurance Law § 5208).”
