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ENGLINGTON v. MOTOR VEH.

2009-01662.

81 A.D.3d 223 (2011)

916 N.Y.S.2d 122

ENGLINGTON MEDICAL, P.C., as Assignee of Victoria Cruz, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Appellant.

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

January 11, 2011.

Attorney(s) appearing for the Case

Morris, Duffy, Alonso & Faley, New York City ( Anna J. Ervolina and Andrea M. Alonso of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn ( Max Valerio and Darya Klein of counsel), for respondent.

COVELLO, J.P., ANGIOLILLO and SGROI, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

In this action to recover no-fault medical payments, we consider the nature of proof that the defendant, Motor Vehicle Accident Indemnification Corporation (hereinafter MVAIC), must tender, on a motion for summary judgment, to support its contention that a person injured in a hit-and-run accident was not a "qualified person" under Insurance Law § 5202 (b) because, at the time of the accident, that person owned, and...

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