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PRESBYT HOSP v. MARYLAND CAS

90 N.Y.2d 274 (1997)

683 N.E.2d 1

660 N.Y.S.2d 536

Presbyterian Hospital in the City of New York, as Assignee of Karen DeGuisto, Respondent, v. Maryland Casualty Company, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Short & Billy, P. C., New York City (Michael Billy, Jr., of counsel), for appellant.

Joseph Henig, P. C., Bellmore (Joseph Henig and Gregory Henig of counsel), for respondent.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge BELLACOSA; Judge WESLEY dissents and votes to reverse in a separate opinion in which Judges TITONE and LEVINE concur.

BELLACOSA, J.

Plaintiff-respondent Presbyterian Hospital sues to recover no-fault medical payments for services and treatment provided to an insured of defendant-appellant Maryland Casualty Company. We must resolve whether the lower courts properly precluded Maryland from raising an intoxication defense in the ensuing lawsuit on the ground that it did not timely deny the subject no-fault claim pursuant to both...

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