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Lenox Hill Hospital As Assignee of Eduardo Marrero and Mount Sinai Hospital As Assignee of Gregory Bar v. Allstate Insurance Company

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


December 21, 2012

LENOX HILL HOSPITAL AS ASSIGNEE OF EDUARDO MARRERO AND MOUNT SINAI HOSPITAL AS ASSIGNEE OF GREGORY BAR,
APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY,
RESPONDENT.

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This opinion is uncorrected and will not be published in the printed Official Reports.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

20121221

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