FAIR PRICE v. ST. PAUL

Per Curiam.

Order, dated January 5, 2006, affirmed, with $10 costs.

In response to plaintiff's interrogatories, defendant insurer admitted that it received the no-fault claims at issue and made partial payment on the claims. Inasmuch as defendant's verified answers to the interrogatories constituted admissions of a party, which are admissible as evidence ( see Bigelow v Acands, Inc., 196 AD2d 436), defendant may not now be heard to argue that plaintiff failed to submit proof that the claims had been mailed and received, and that they were overdue ( see Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742). To the extent that Empire State Psychological Servs., P.C. v Travelers Ins. Co. (13 Misc 3d 131[A], 2006 NY Slip Op 51869[U] [2006]) supports a contrary conclusion, we decline to follow it.

Defendant waived any objections based on lack of proof of assignment since it did not seek verification of the assignment ( see Hospital for Joint Diseases v Allstate Ins. Co., 21 AD3d 348; Laufer v Lumberman's Mut. Cas. Co., 9 Misc 3d 133[A], 2005 NY Slip Op 51632[U] [2005]). Since defendant failed to assert any other defenses, judgment was properly entered in favor of plaintiff.