WESTCHESTER MEDICAL CENTER v. HEREFORD INSURANCE COMPANY

2011-09245.

95 A.D.3d 1306 (2012)

944 N.Y.S.2d 900

2012 NY Slip Op 4156

WESTCHESTER MEDICAL CENTER, as Assignee of Shaheen Akhtar, Appellant, v. HEREFORD INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the complaint is granted.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that the prescribed statutory billing form had been mailed to and received by the defendant insurer, which failed to either pay or deny the claim within the requisite 30-day period (see Insurance...

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