Lenox Hill Hosp. v Brooks
Annotate this CaseDecided on August 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570687/08.
Lenox Hill Hospital, Plaintiff-Appellant,
against
Francine Brooks, Defendant-Respondent.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Manuel J. Mendez, J.), dated September 16, 2008, which denied its motion for summary
judgment.
Per Curiam.
Order (Manuel J. Mendez, J.), dated September 16, 2008, reversed, with $10 costs, and plaintiff's motion for summary judgment in the principal sum of $7,230.23 is granted. The Clerk is direct to enter judgment accordingly.
Plaintiff established a prima facie entitlement to summary judgment by submitting proof that
it rendered physical therapy services to defendant, and that defendant, despite due demand, failed
to remit payment. In opposition, defendant failed to submit any competent evidence to
substantiate her sole defense that a third-party insurer was obligated on the debt.THIS
CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 14, 2009
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