Nir v MVAIC, 2007 NYSlipOp 52124(U) (App. Term 2d)
Pursuant to Insurance Law ยง 5221 (b) (3), MVAIC “shall have only those rights and obligations which are applicable to an insurer subject to article [51 of the Insurance Law]” (New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d 429, 430 [2004]). As a result, plaintiff was required to submit its claim to MVAIC within 45 days of the date on which the services were rendered (see 11 NYCRR 65-1.1; NY Arthroscopy & Sports Medicine [*2]PLLC v Motor Veh. Acc. Indem. Corp., 15 Misc 3d 89 [App Term, 1st Dept 2007]). It is undisputed that plaintiff submitted its claim more than 45 days after services were rendered to plaintiff’s assignor and that MVAIC’s denial of plaintiff’s claim based upon the untimely submission also informed plaintiff that it could excuse the delay if plaintiff provided “reasonable justification” for the delay (see 11 NYCRR 65-3.3 [e]; see also Matter of Medical Socy. of State of N.Y. v Serio, 100 NY2d 854, 862-863 [2003]). The record further reveals that, in opposition to MVAIC’s cross motion seeking summary judgment, plaintiff failed to proffer admissible evidence demonstrating that there was a “reasonable justification” for the submission of the claim more than 130 days after the services were rendered. Accordingly, defendant’s cross motion for summary judgment should have been granted (see NY Arthroscopy & Sports Medicine PLLC v Motor Veh. Acc. Indem. Corp., 15 Misc 3d 89, supra).