Legal Opinion

Westchester Medical Center v. Mercury Casualty Co.

New York Supreme Court

Decided June 27, 2008Published

1Opinion of the Court

*234OPINION OF THE COURT

Kenneth A. Davis, J.

The plaintiff, Westchester Medical Center as assignee of Mitchell Fuchs, moves by notice of motion for summary judgment against the defendant. The defendant, Mercury Casualty Company, also moves by notice of motion for summary judgment against the plaintiff.

The instant motions stem from an action to recover no-fault medical payments under Insurance Law § 5106 (a). The insured was injured in a motor vehicle accident on November 10, 2007. The defendant insurer received the requisite billing from the plaintiff hospital on January 10, 2008.

Plaintiff states…

2Cases cited9 opinions

  1. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  2. New York & Presbyterian Hospital v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Westchester County Medical Center v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  4. Mount Sinai Hospital v. Chubb Group of Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2007
  5. Westchester Medical Center v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007

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