Omega Diagnostic Imaging, P.C. v MVAIC, 2011 NY Slip Op 50432(U)(App. Term 1st Dept. 2011)
“In this action by plaintiff-provider to recover assigned first-party no-fault benefits, defendant MVAIC’s motion for summary judgment dismissing the claim based on plaintiff’s failure to establish that its assignor qualified for MVAIC coverage, was properly denied (see Matter of MVAIC v Interboro Med. Care & Diagnostic, PC, 73 AD3d 667 [2010]; Englington Med., P.C. v Motor Veh. Acc. Indem. Corp. (___AD3d ___, 2011 NY Slip Op 00176 [2011]). Nor has defendant established that plaintiff was required to “exhaust its remedies” prior to commencing this action”
When will MVAIC give up? By the way, the no fault cases that are being posted on 3/25/11 mark the first ones since the appointment of the new Presiding Justice of the Appellate Term, First Department, Justice Richard B. Lowe, III.
One Response
As a young ACC for the NYC Corp Counsel I cut my teeth before Justice Lowe in real trials. He is a good Judge with an outstanding resume and a ton of integrity. He should be at the Division.