December 20, 2012

NYU-Hospital for Joint Diseases v American Tr. Ins. Co. (2012 NY Slip Op 52387(U))

Headnote

The relevant facts considered in this case were the denial of plaintiff's motion for summary judgment in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiff had demonstrated its prima facie entitlement to judgment as a matter of law. The holding of the court was that the District Court properly denied the plaintiff's motion for summary judgment, as they had not shown their entitlement to judgment as a matter of law, citing a similar case as precedent. The order was affirmed without costs by the Appellate Term, Second Department.

Reported in New York Official Reports at NYU-Hospital for Joint Diseases v American Tr. Ins. Co. (2012 NY Slip Op 52387(U))

NYU-Hospital for Joint Diseases v American Tr. Ins. Co. (2012 NY Slip Op 52387(U)) [*1]

NYU-Hospital for Joint Diseases v American Tr. Ins. Co.

2012 NY Slip Op 52387(U) [38 Misc 3d 128(A)]

Decided on December 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2012

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

PRESENT: : MOLIA, J.P., NICOLAI and IANNACCI, JJ
2011-1883 N C.

NYU-Hospital for Joint Diseases as Assignee of DERLY MARTE, Appellant, —
against
American Transit Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Bonnie P. Chaikin, J.), dated October 6, 2010. The order denied plaintiff’s motion for summary judgment.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the District Court properly denied plaintiff’s motion for summary judgment on the ground that plaintiff had not demonstrated its 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.

Molia, J.P., Nicolai and Iannacci, JJ., concur. [*2]
Decision Date: December 20, 2012