PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK v. AETNA CAS. & SUR. CO.


221 A.D.2d 427 (1995)

633 N.Y.S.2d 586

Presbyterian Hospital in the City of New York, Appellant, v. Aetna Casualty & Surety Company, Respondent

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

November 13, 1995


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff hospital's action against the defendant no-fault insurance carrier for payment of a hospital bill and ordered the hospital to pay the defendant's costs (see, 22 NYCRR 130-1.1).

It is undisputed that the hospital had already received full payment from its patient's health care carrier well before it commenced the instant action...

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