Westchester Med. Ctr. v Progressive Cas. Ins. Co.

[*1] Westchester Med. Ctr. v Progressive Cas. Ins. Co. 2012 NY Slip Op 50590(U) Decided on April 2, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 2, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., MOLIA and IANNACCI, JJ
2011-857 N C.

Westchester Medical Center as Assignee of JASON WILLIAMSON and PATTI DEBRONSKY, and NEW YORK UNIVERSITY HOSPITAL, TISCH INSTITUTE as Assignee of MARJORIE HENRY, Appellants,

against

Progressive Casualty Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated April 1, 2010. The order, insofar as appealed from, denied plaintiffs' motion for summary judgment.

ORDERED that the order, insofar as appealed from, 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, insofar as appealed from, is affirmed.

LaCava, J.P., Molia and Iannacci, JJ., concur.
Decision Date: April 02, 2012