COMPLETE MED. SERVS., P.C. v. MVAIC

2007-468 Q C.

2008 NY Slip Op 28269

COMPLETE MEDICAL SERVICES, P.C. as assignee of AHARON MATAYAHO, Respondent, v. MVAIC, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 10, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint. Defendant argued that the action was premature since plaintiff's assignor was not a qualified person within the meaning of Insurance Law article 52 because he failed to provide MVAIC with a copy of the police report or otherwise comply with the reporting requirements...

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