Central Radiology Servs., P.C. v MVAIC, 2014 NY Slip Op 24402 (App. Term 2d Dept. 2014)
“Insofar as is relevant to this appeal, Insurance Law § 5202 (b) provides that a “qualified person” must be a resident of New York State. While the parties stipulated that MVAIC had received a notice of intention to make claim form with respect to plaintiff’s assignor, the stipulation is silent as to whether the notice of [*2]intention to make claim form was sworn and whether it reflected the residence of plaintiff’s assignor. Thus, it is unknown whether the notice of intention to make claim form was sufficient to establish, in the first instance, that this condition precedent was satisfied”
Flip this around in the First Department. MVAIC would have needed to prove that it never received a sworn claim form or that the Assignor was not a New York resident. And at this trial on stipulated facts, MVAIC would have stipulated itself to defeat in the First Department or in a Supreme Court in the Second Department.
