Delta Diagnostic Radiology, P.C. v MVAIC, 2014 NY Slip Op 51261(U)(App. Term 2d Dept. 2014)
“Although MVAIC contends that plaintiff’s assignor was not a qualified person because he had failed to demonstrate that he was a New York resident (seeInsurance Law § 5202 [b]), the record establishes that defendant received a notarized notice of intention to make claim form, executed by plaintiff’s assignor, as well as a police report, both of which set forth the New York residence of plaintiff’s assignor (see generally Insurance Law § 5221 [b] [2]). Consequently, MVAIC’s conclusory assertion that these sworn documents are insufficient to satisfy Insurance Law § 5202 (b) and that further documentary proof is required lacks merit”
MVAIC was unable to raise a defense in the second department under the more relaxed standards for MVAIC. Compare Interboro v. MVAIC with e.g. Yklik, Inc. v MVAIC, 44 Misc.3d 127(A)(App. Term 2d Dept 2014)
