December 21, 2012

Lenox Hill Hosp. v Allstate Ins. Co. (2012 NY Slip Op 52411(U))

Headnote

The relevant facts in the case Lenox Hill Hosp. v Allstate Ins. Co. include the denial of the plaintiffs' motion for summary judgment in an action to recover assigned first-party no-fault benefits. The main issue decided by the court was whether the plaintiffs had demonstrated their entitlement to judgment as a matter of law, and the court held that they had not. In affirming the denial of the motion for summary judgment, the court found that the plaintiffs had not met their burden of proof to show their prima facie entitlement to judgment. As a result, the order denying the motion for summary judgment was upheld by the court.

Reported in New York Official Reports at Lenox Hill Hosp. v Allstate Ins. Co. (2012 NY Slip Op 52411(U))

Lenox Hill Hosp. v Allstate Ins. Co. (2012 NY Slip Op 52411(U)) [*1]

Lenox Hill Hosp. v Allstate Ins. Co.

2012 NY Slip Op 52411(U) [38 Misc 3d 131]

Decided on December 21, 2012

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 21, 2012

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : LaCAVA, J.P., NICOLAI and LaSALLE, JJ
2011-1818 N C.

Lenox Hill Hospital as Assignee of EDUARDO MARRERO and MOUNT SINAI HOSPITAL as Assignee of GREGORY BAR, Appellants, —
against
Allstate Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated May 3, 2011. The order denied plaintiffs’ motion for summary judgment.

ORDERED that the order is affirmed, without costs.

In this action by providers to recover assigned first-party no-fault benefits, the District Court properly denied plaintiffs’ motion for summary judgment on the ground that plaintiffs had not demonstrated their 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, 9th & 10th Jud Dists 2011]).

Accordingly, the order is affirmed.

LaCava, J.P., Nicolai and LaSalle, JJ., concur. [*2]
Decision Date: December 21, 2012