Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated May 3, 2011.
Lenox Hill Hosp. v Allstate Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2012
PRESENT: LaCAVA, J.P., NICOLAI and LaSALLE, JJ
The order denied plaintiffs' motion for summary judgment.
ORDERED that the order 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 is affirmed.
LaCava, J.P., Nicolai and LaSalle, JJ., concur. Decision Date: December 21, 2012
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