Lenox Hill Hosp. v Tower Ins. Co. of N.Y.
Annotate this CaseDecided on December 20, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., NICOLAI and IANNACCI, JJ
2011-2152 S C.
Lenox Hill Hospital as Assignee of CHARLES BARCLAY, Appellant,
against
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. 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
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