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NEWMARK v. PROGRESSIVE INSURANCE COMPANY

1 A.D.3d 490 (2003)

767 N.Y.S.2d 232

DAVE NEWMARK, Appellant, v. PROGRESSIVE INSURANCE COMPANY, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that he is entitled to summary judgment against the defendant Progressive Insurance Company (hereinafter Progressive), regarding his cause of action to recover nofault benefit payments for lost wages because Progressive did not pay or deny this claim within the 30-day period set forth in the Insurance Law (see Insurance Law § 5106; 11 NYCRR 65.15 [g] [3]). However...

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