Legal Opinion

St. Barnabas Hospital v. American Transit Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 2008PublishedCited by 8 opinions

1Opinion of the Court

The plaintiff St. Barnabas Hospital, as assignee of Miguel Jimenez (hereinafter the Hospital), made a prima facie showing of entitlement to judgment as a matter of law on the first cause of action to recover no-fault benefits by demonstrating that the prescribed statutory billing forms were mailed to and received by the defendant and that payment was overdue (see Westchester Med. Ctr. v Allstate Ins. Co., 53 AD3d 481 [2008]; Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d *518903, 904 [2007]; New York & Presbyt. Hosp. v Countrywide Ins. Co., 44 AD3d 729, 730 [2007]).

Ho…

2Cases cited8 opinions

  1. Central Suffolk Hospital v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  2. Nyack Hospital v. General Motors Acceptance Corp.New York Court of Appeals · 2007
  3. New York & Presbyterian Hospital v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Hospital for Joint Diseases v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  5. New York & Presbyterian Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2006

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Westchester Medical Center v. Philadelphia Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Victory Medical Diagnostics, P.C. v. Nationwide Property & Casualty InsuranceNassau County District Court · 2012
  3. Garden State Anesthesia Associates, PA v. Progressive Casualty InsuranceNew York District Court · 2013
  4. Westchester Medical Center v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  5. Lincoln General Insurance v. Alev Medical Supply Inc.New York District Court · 2009

3 more not listed; retrieve them via the Exa API.

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