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VALENTIN AVANESOV, PHYSICIAN PC, A/A/O VALENTINA KAGANOVA, plf-app, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, def-res

17-120. VALENTIN AVANESOV, PHYSICIAN PC, A/A/O VALENTINA KAGANOVA, plf-app, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, def-res — Order (Gerald Lebovits, J.), entered April 15, 2015, modified to deny defendant's motion for summary judgment and to reinstate the complaint; as modified, order affirmed, with $10 costs.

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17-120. VALENTIN AVANESOV, PHYSICIAN PC, A/A/O VALENTINA KAGANOVA, plf-app, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, def-res — Order (Gerald Lebovits, J.), entered April 15, 2015, modified to deny defendant’s motion for summary judgment and to reinstate the complaint; as modified, order affirmed, with $10 costs.

Defendant-insurer moved for summary judgment dismissing this first-party no-fault action on the ground that its insured was not involved in the underlying motor vehicle accident in which plaintiff’s assignor was allegedly injured. Although defendant submitted a perfunctory affidavit of the insured, containing a conclusory allegation that he was “not involved in a motor vehicle accident involving a pedestrian” on the date at issue, defendant also submitted the insured’s detailed unsworn statement indicating that the insured was present at the scene and making a left turn with his vehicle, when “the next thing [he] kn[e] w, the person was on the floor” in front of his vehicle. In addition, the EUO testimony of the assignor indicated that on the date, time and location at issue, she was struck by a vehicle while crossing an intersection.

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