Flushing Hospital & Medical Center v. Woytisek

Memorandum. The order of the Appellate Division should be reversed, with costs, and the order of the Appellate Term dismissing the third-party complaint reinstated.

We agree with the Appellate Term that in this record there is no tender of admissible evidentiary proof sufficient to require a trial of any material issue of fact. In this circumstance it is for the court to interpret the relevant provisions of the group contract for hospital service issued by Blue Cross, third-party defendant.

In the absence of admissible proof to the contrary, it must be taken that the total of the hospital’s…