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Lenox Hill Hospital As Assignee of Charles Barclay v. Tower Insurance Company of New York

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


December 20, 2012

LENOX HILL HOSPITAL AS ASSIGNEE OF CHARLES BARCLAY,
APPELLANT,
v.
TOWER INSURANCE COMPANY OF NEW YORK,
RESPONDENT.

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This opinion is uncorrected and will not be published in the printed Official Reports.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

20121220

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