Legal Opinion
NYU Hospital for Joint Diseases v. State Farm Mutual Automobile Insurance
Appellate Terms of the Supreme Court of New York
Decided December 18, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order, insofar as appealed from, is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, we find that the District Court properly denied plaintiffs motion for summary judgment on the ground that plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see New York Hosp. Med. Ctr. of Queens v Statewide Ins. Co., 33 Misc 3d 130[A], 2011 NY Slip Op 51863[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]).
A plaintiff seeking to recover for no-fault benefits must…
2Cases cited5 opinions
- Carothers v. GEICO Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Art of Healing Medicine, P.C. v. Travelers Home & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Viviane Etienne Medical Care, P.C. v. Country-Wide InsuranceAppellate Terms of the Supreme Court of New York · 2011
- Hospital for Joint Diseases v. Travelers Property Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- King's Medical Supply, Inc. v. Hereford InsuranceAppellate Terms of the Supreme Court of New York · 2004