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NEW YORK AND PRESBYTERIAN HOSPITAL v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY

279 A.D.2d 616 (2001)

720 N.Y.S.2d 360

NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of DARRELL ROWLAND, et al., Respondents, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, Appellant.

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

Decided January 29, 2001.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs' motion for summary judgment. In opposition to the plaintiffs' prima facie showing of entitlement to judgment as a matter of law, the defendant presented sufficient evidence to raise triable issues of fact as to the completeness of the hospital facility forms submitted by the plaintiffs...

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