Appeal from an order of the District Court of Suffolk County, Second District (Stephen L. Ukeiley, J.), dated June 13, 2011.
Lenox Hill Hosp. v Tower Ins. Co. of N.Y.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 20, 2012
PRESENT: MOLIA, J.P., NICOLAI and IANNACCI, JJ
The order denied plaintiff's motion for summary judgment.
ORDERED that the order 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 is affirmed.
Molia, J.P., Nicolai and Iannacci, JJ., concur. Decision Date: December 20, 2012
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