April 2, 2012

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

https://www.beynensonlaw.com/case-law/westchester-med-ctr-v-travelers-prop-cas-ins-co-2012-ny-slip-op50589u/

Court: Appellate Term, Second Department
Decided: April 2, 2012
Citation: 2012 NY Slip Op 50589(U) · 35 Misc 3d 128(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Provider's prima facie case
Legal questions: Claimant's prima facie case on motions (see the maps)

Cite as

Westchester Med. Ctr. v Travelers Prop. Cas. Ins. Co., 35 Misc 3d 128(A), 2012 NY Slip Op 50589(U) (App Term, 2d Dept, 9th & 10th Jud Dists 2012)

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 provider's summary judgment motion was denied because it failed to demonstrate prima facie entitlement to judgment. In the action for assigned no-fault benefits, the Appellate Term, Second Department, affirmed the order, insofar as appealed from, relying on New York Hosp. Med. Ctr. of Queens v Statewide Ins. Co. without explaining the deficiency in the provider's proof.

Reported in New York Official Reports at 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This opinion is uncorrected and will not be published in the printed Official Reports.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

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.

Claimant's prima facie case on motions

Open the full map

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.

Proof sufficientMailing/receipt not shownOverdue not shownBusiness-record foundation lackingOther element missingThis decisionCites it or cited by itCited or followed

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.

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 New S. Ins. Co. (2013 NY Slip Op 52085(U))Conflicting evidence concerning delivery of requested verification prevented summary judgment for the provider.
Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U))The provider's summary judgment motion on the third cause of action was denied for failure to establish prima facie entitlement.
NYU-Hospital for Joint Diseases v American Tr. Ins. Co. (2012 NY Slip Op 52387(U))The provider's summary judgment motion was denied because it failed to demonstrate prima facie entitlement to judgment.
Westchester Med. Ctr. v New York Cent. Mut. Fire Ins. Co. (2012 NY Slip Op 50685(U))The insurer failed to establish that the assignor's alleged intoxication proximately caused the accident.