February 3, 2009

St. Vincent’s Hosp. & Med. Ctr. v Hanover Ins. Co. (2009 NY Slip Op 00674)

https://www.beynensonlaw.com/case-law/st-vincents-hosp-med-ctr-v-hanover-ins-co-2009-ny-slip-op00674/

Court: Appellate Division, Second Department
Decided: February 3, 2009
Citation: 2009 NY Slip Op 00674 · 59 AD3d 428
Posture: Default or vacatur
Outcome: Insurer prevailed
Issues: Defaults and vacatur Discovery and procedure

Cite as

St. Vincent's Hosp. & Med. Ctr. v Hanover Ins. Co., 59 AD3d 428 (2d Dept 2009)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's default judgment vacatur was affirmed, as was denial of the provider's contempt motion over an information subpoena. The Appellate Division, Second Department, found vacatur proper under the circumstances, citing New York & Presbyt. Hosp. v American Home Assur. Co. and DeStaso v Bottiglieri. It dismissed the other provider's appeal for lack of aggrievement under CPLR 5511.

Reported in New York Official Reports at St. Vincent’s Hosp. & Med. Ctr. v Hanover Ins. Co. (2009 NY Slip Op 00674)

St. Vincent’s Hosp. & Med. Ctr. v Hanover Ins. Co.

2009 NY Slip Op 00674 [59 AD3d 428]

February 3, 2009

Appellate Division, Second Department

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

As corrected through Wednesday, April 1, 2009

St. Vincent’s Hospital & Medical Center et al., Appellants,
v
Hanover Insurance Company, Respondent.

—[*1] Joseph Henig, P.C., Bellmore, N.Y., for appellants.

Huenke & Rodriguez, Melville, N.Y. (Christopher C. Vassallo of counsel), for respondent.

In an action to recover no-fault medical benefits under insurance contracts, the plaintiffs St. Vincent’s Hospital & Medical Center and Mount Sinai Hospital appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated September 5, 2008, which denied the motion of the plaintiff St. Vincent’s Hospital & Medical Center to hold the defendant in contempt for failure to comply with an information subpoena, and granted the defendant’s cross motion, inter alia, to vacate a judgment of the same court entered January 24, 2008, upon its default in appearing or answering the complaint, which was in favor of the plaintiff St. Vincent’s Hospital & Medical Center and against the defendant in the principal sum of $72,721.53.

Ordered that the appeal by the plaintiff Mount Sinai Hospital is dismissed, as it is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed on the appeal by the plaintiff St. Vincent’s Hospital & Medical Center; and it is further,

Ordered that one bill of costs is awarded to the defendant payable by the plaintiff St. Vincent’s Hospital & Medical Center.

Under the circumstances of this case, the Supreme Court properly exercised its discretion in [*2]vacating the default judgment (see New York & Presbyt. Hosp. v American Home Assur. Co., 28 AD3d 442 [2006]; see also DeStaso v Bottiglieri, 52 AD3d 453 [2008]). The remaining contentions of the plaintiff St. Vincent’s Hospital & Medical Center are without merit (see CPLR 3211 [a] [1]; Wheels Am. N.Y., Ltd v Montalvo, 50 AD3d 1130 [2008]), or not properly before this Court. Santucci, J.P., Angiolillo, Belen and Chambers, JJ., concur.

Cited in this decision

New York & Presbyt. Hosp. v American Home Assur. Co. (2006 NY Slip Op 02510)The insurer established grounds to vacate its default through an excuse tied to a misspelled insured's name and a meritorious coverage defense.

Similar decisions

St. Vincent’s Hosp. & Med. Ctr. v County Wide Ins. Co. (2005 NY Slip Op 10114)A hospital's no-fault claim was dismissed because it was submitted more than 45 days after medical services were rendered.
St. Vincent’s Hosp. & Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 06227)The insurer's motion to vacate its default was granted upon a showing of a reasonable excuse and a potentially meritorious defense.
St. Vincent’s Hosp. & Med. Ctr. v New Jersey Mfrs. Ins. Co. (2011 NY Slip Op 01828)The insurer's timely denials were fatally defective because they misstated the bill and disputed amounts and named the wrong applicant.
St. Luke’s Roosevelt Hosp. v Blue Ridge Ins. Co. (2005 NY Slip Op 06666)An insurer failed to establish a reasonable excuse or meritorious defense for vacating its default in opposing summary judgment.
St. Barnabas Hosp. v American Tr. Ins. Co. (2008 NY Slip Op 09585)The insurer raised a triable issue whether the provider timely complied with its verification demand, defeating the provider's summary judgment motion.