April 2, 2012

Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50589(U))

Headnote

The court considered the motion for summary judgment by the plaintiff, Westchester Medical Center, in a case 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 court held that the District Court properly denied the plaintiff's motion for summary judgment on the grounds that the plaintiff had not demonstrated its entitlement to judgment as a matter of law. The appellate court affirmed the denial of the motion for summary judgment. Therefore, the holding of the case was that the plaintiff did not demonstrate its entitlement to judgment as a matter of law, and the motion for summary judgment was properly denied.

Reported in New York Official Reports at Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50589(U))

Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50589(U)) [*1]

Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co.

2012 NY Slip Op 50589(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2011-853 N C.

Westchester Medical Center as Assignee of ROBERT MILANO, RICHARD TRUSCELLO and ETHAN VELEZ, Appellant, —
against
Travelers Property Casualty Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Andrea Phoenix, J.), dated January 19, 2011. The order, insofar as appealed from, denied plaintiff’s motion for summary judgment.

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

LaCava, J.P., Molia and Iannacci, JJ., concur. [*2]
Decision Date: April 02, 2012