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ROMBOM P. C. v. INTERBORO INS.

186 Misc.2d 847 (2000)

721 N.Y.S.2d 474

HOWARD M. ROMBOM, PH D, P. C., as Assignee of MICHAEL JONES, Respondent, v. INTERBORO MUTUAL INDEMNITY INSURANCE CO., Appellant.

Supreme Court, Appellate Term, Second Department.

December 6, 2000.

Attorney(s) appearing for the Case

Louis J. Papa, Garden City, for appellant.

Israel & Israel, L. L. P., Great Neck (Stacy Mandel Levine of counsel), for respondent.

DIPAOLA, P. J., PALELLA and DOYLE, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs and matter remanded to the court below for further proceedings in accordance with the decision herein.

Defendant's failure to deny plaintiff's claim for no-fault benefits within 30 days of receipt of proof of claim and amount of loss sustained (see, Insurance Law § 5106; 11 NYCRR 65.15 [g] [3]) precludes defendant from...

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