April 2, 2012

Westchester Med. Ctr. v Progressive Cas. Ins. Co. (2012 NY Slip Op 50590(U))

Headnote

The court considered the denial of plaintiffs' motion for summary judgment in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the plaintiffs had demonstrated their prima facie entitlement to judgment as a matter of law. The holding of the court was that the District Court properly denied the plaintiffs' motion for summary judgment on the grounds that they had not shown their prima facie entitlement to judgment as a matter of law. The decision of the court was to affirm the order, without costs.

Reported in New York Official Reports at Westchester Med. Ctr. v Progressive Cas. Ins. Co. (2012 NY Slip Op 50590(U))

Westchester Med. Ctr. v Progressive Cas. Ins. Co. (2012 NY Slip Op 50590(U)) [*1]

Westchester Med. Ctr. v Progressive Cas. Ins. Co.

2012 NY Slip Op 50590(U) [35 Misc 3d 128(A)]

Decided on April 2, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2012

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

PRESENT: : LaCAVA, J.P., MOLIA and IANNACCI, JJ
2011-857 N C.

Westchester Medical Center as Assignee of JASON WILLIAMSON and PATTI DEBRONSKY, and NEW YORK UNIVERSITY HOSPITAL, TISCH INSTITUTE as Assignee of MARJORIE HENRY, Appellants, —
against
Progressive Casualty Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated April 1, 2010. The order, insofar as appealed from, denied plaintiffs’ motion for summary judgment.

ORDERED that the order, insofar as appealed from, 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, insofar as appealed from, is affirmed.

LaCava, J.P., Molia and Iannacci, JJ., concur.
Decision Date: April 02, 2012