August 8, 2013

Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U))

Headnote

The relevant facts the court considered in this case were that Westchester Medical Center and other hospitals were seeking to recover first-party no-fault benefits from Allstate Insurance Company. The main issue decided was whether the plaintiffs were entitled to summary judgment, and the court held that the District Court properly denied the motion for summary judgment in favor of The New York Hospital Medical Center of Queens because it had not demonstrated its entitlement to judgment as a matter of law. The court affirmed the order in this regard, while dismissing the appeal by other plaintiffs who were not aggrieved by the order. The decision was made on August 8, 2013 by the Supreme Court, Appellate Term, Second Department.

Reported in New York Official Reports at Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U))

Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 51383(U)) [*1]

Westchester Med. Ctr. v Allstate Ins. Co.

2013 NY Slip Op 51383(U) [40 Misc 3d 137(A)]

Decided on August 8, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 8, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaSALLE and TOLBERT, JJ
2012-222 N C.

Westchester Medical Center as Assignee of EARLYN ROBERTS, THE NEW YORK AND PRESBYTERIAN HOSPITAL as Assignee of MORDECHAI NEUSTADT and THE NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS as Assignee of RAYAL BELLE, Appellants, —
against
Allstate Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated December 20, 2011. The order denied plaintiffs’ motion for summary judgment on the third cause of action.

ORDERED that so much of the appeal as is by plaintiff Westchester Medical Center as assignee of Earlyn Roberts, and by plaintiff The New York and Presbyterian Hospital as assignee of Mordechai Neustadt, is dismissed, as those plaintiffs are not aggrieved by the order appealed from (see CPLR 5511); and it is further,

ORDERED that the order, insofar as appealed from by plaintiff The New York Hospital Medical Center of Queens as assignee of Rayal Belle, is affirmed, without costs.

In this action by providers to recover assigned first-party no-fault benefits, the District [*2]Court properly denied the branch of plaintiffs’ motion seeking summary judgment in favor of plaintiff The New York Hospital Medical Center of Queens on the ground that said plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see NYU Hosp. for Joint Diseases v State Farm Mut. Auto. Ins. Co., 38 Misc 3d 41 [App Term, 9th & 10th Jud Dists 2012]; 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 by plaintiff The New York Hospital Medical Center of Queens as assignee of Rayal Belle, is affirmed.

Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: August 08, 2013