Metropolitan Med. Supplies, LLC v MVAIC, 2013 NY Slip Op 51583(U)(App. Term 2d Dept. 2013)
“Since plaintiff and its assignor were aware of the identity of the owner of the vehicle which struck plaintiff’s assignor, plaintiff, as assignee, was required to exhaust its remedies against the vehicle’s owner before seeking relief from MVAIC”
Compare with: e.g.,
Li-Elle Servs., Inc. v Motor Veh. Acc. Indem. Corp., 36 Misc.3d 144(A)(App. Term 1st Dept. 2013)
“The action, seeking recovery of no-fault first-party benefits, is not ripe for summary dismissal, since defendant MVAIC failed in its burden to establish, prima facie, that plaintiff’s assignor was not a “qualified person” entitled to no-fault coverage “
