Opinion
2002-04653
Argued May 23, 2003.
June 16, 2003.
In an action to recover no-fault medical payments under an insurance contract, the defendant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated December 6, 2001, which reversed an order of the Civil Court, Queens County (Walker, J.), entered March 7, 2001, and denied its motion for summary judgment dismissing the complaint.
Carman, Callahan Ingham, LLP, Farmingdale, N.Y. (James M. Carman, Michael F. Ingham, and Cheryl D. Reuter of counsel), for appellant.
Dash Berger, Jericho, N.Y. (Robert E. Dash of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Appellate Term properly determined that the defendant was not entitled to summary judgment, as the defendant failed to proffer sufficient evidence to demonstrate the absence of any triable issues of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Ayyub v. Smith, 291 A.D.2d 864).
SANTUCCI, J.P., FLORIO, SCHMIDT and ADAMS, JJ., concur.