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North Shore University Hospital v. Austin

Supreme Court of New York, Second Department

January 27, 2014

North Shore University Hospital At Manhasset, Respondent,
v.
Rodney Austin, Appellant.

PRESENT:: LaSALLE, J.P., NICOLAI and IANNACCI, JJ

Appeal from an order of the District Court of Nassau County, First District (Terence P. Murphy, J.), dated June 29, 2012. The order granted plaintiff's motion for summary judgment.

ORDERED that the order is affirmed, without costs.

In this action to recover the sum of $2, 508.17 for medical services rendered to defendant, defendant appeals from an order of the District Court granting plaintiff's motion for summary judgment. In support of the motion, plaintiff submitted an affidavit by its supervisor of credits and collections, wherein he stated that, although defendant's medical insurance carrier had reimbursed plaintiff for a portion of plaintiff's $16, 224 bill for services rendered to defendant, a balance of $2, 508.17 remained unpaid and defendant had been billed for this amount. In opposition to plaintiff's motion, defendant made only conclusory and unsupported allegations, which failed to raise a triable issue of fact. Defendant did not deny that he had been treated by plaintiff hospital and that medical bills had been sent, and he failed to demonstrate that he was not obligated on the debt. Although he claimed that he did not "owe these fees, " other than such assertion, he did not present any evidence to establish that an error had been made in calculating the amount sought. His assertion that he had made out-of-pocket payments to the physicians who had treated him is irrelevant to the payments sought by plaintiff. Finally, the fact that there was some insurance coverage does not relieve defendant from liability on the debt. To the extent that defendant argues that he is awaiting answers to his interrogatories, and cannot form a defense until then, we note that he seeks information concerning payments allegedly made by his own insurance company, which is not information "unavailable" to him (cf. CPLR 3212 [f]).

Accordingly, the order is affirmed.

LaSalle, J.P., Nicolai and Iannacci, JJ., concur.


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