Deepdale General Hospital v. American Colonial Insurance

*918OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by increasing the recovery to $518.63, and, as so modified, affirmed, with $10 costs to plaintiff.

In this action for no-fault first-party benefits, the required forms were sent to the defendant carrier on March 2, 1988. The action herein was commenced by the service of a summons and complaint on the Superintendent of Insurance on April 18, 1988. Defendant paid the bill plus interest on April 26th and the summons and complaint were filed with the court on May 16, 1988. The lower court held that since the summons and complaint were…