August 8, 2013
Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U))
https://www.beynensonlaw.com/case-law/westchester-med-ctr-v-allstate-ins-co-2013-ny-slip-op51383u/
- Decided
- August 8, 2013
- Citation
- 2013 NY Slip Op 51383(U) · 40 Misc 3d 137(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Legal questions
- Claimant's prima facie case on motions (see the maps)
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.
Reported in New York Official Reports at Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U))
| Westchester Med. Ctr. v Allstate Ins. Co. |
| 2013 NY Slip Op 51383(U) [40 Misc 3d 137(A)] |
| Decided on August 8, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaSALLE and TOLBERT, JJ
2012-222 N C.
against
Allstate Insurance Company, Respondent.
Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated December 20, 2011. The order denied plaintiffs’ motion for summary judgment on the third cause of action.
ORDERED that so much of the appeal as is by plaintiff Westchester Medical Center as assignee of Earlyn Roberts, and by plaintiff The New York and Presbyterian Hospital as assignee of Mordechai Neustadt, is dismissed, as those plaintiffs are not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the order, insofar as appealed from by plaintiff The New York Hospital Medical Center of Queens as assignee of Rayal Belle, is affirmed, without costs.
In this action by providers to recover assigned first-party no-fault benefits, the District [*2]Court properly denied the branch of plaintiffs’ motion seeking summary judgment in favor of plaintiff The New York Hospital Medical Center of Queens on the ground that said plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see NYU Hosp. for Joint Diseases v State Farm Mut. Auto. Ins. Co., 38 Misc 3d 41 [App Term, 9th & 10th Jud Dists 2012]; 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, insofar as appealed from by plaintiff The New York Hospital Medical Center of Queens as assignee of Rayal Belle, is affirmed.
Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: August 08, 2013
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Insufficient: claim forms not shown admissible as business records / merits of claim not proved
Held the hospital provider failed to demonstrate its prima facie entitlement to summary judgment, so its motion was properly denied.
Of the 1,065 decisions on this question in the Second Department courts and the Court of Appeals, 208 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- NYU Hosp. for Joint Diseases v State Farm Mut. Auto. Ins. Co. (2012 NY Slip Op 22379) FollowedA hospital seeking no-fault benefits must prove the fact and amount of loss; prescribed hospital claim forms are not inherently more reliable.
- New York Hosp. Med. Ctr. of Queens v Statewide Ins. Co. (2011 NY Slip Op 51863(U)) FollowedThe hospital's third-party affidavit failed to establish its claim forms as business records proving the services rendered.
Similar decisions
- Westchester Med. Ctr. v Progressive Cas. Ins. Co. (2012 NY Slip Op 50590(U))The providers' summary judgment motion was denied because they failed to demonstrate prima facie entitlement to judgment.
- Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50589(U))The provider's summary judgment motion was denied because it failed to demonstrate prima facie entitlement to judgment.
- Lenox Hill Hosp. v Allstate Ins. Co. (2012 NY Slip Op 52411(U))The providers' summary judgment motion was denied because they failed to demonstrate prima facie entitlement to judgment.
- Westchester Med. Ctr. v New S. Ins. Co. (2013 NY Slip Op 52085(U))Conflicting evidence concerning delivery of requested verification prevented summary judgment for the provider.
- Westchester Neurodiagnostic, P.C. v Allstate Ins. Co. (2009 NY Slip Op 51385(U))The insurer failed to establish that its medical necessity defense was preserved by timely mailing of the denial.