NYACK HOSPITAL v. PROGRESSIVE CASUALTY INSURANCE COMPANY


296 A.D.2d 482 (2002)

747 N.Y.S.2d 516

NYACK HOSPITAL et al., Respondents, et al., Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant.

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

Decided July 15, 2002.


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

The plaintiffs commenced this action, as assignees, to recover no-fault medical payments allegedly due for hospital bills under certain insurance contracts. After joinder of issue, they moved for summary judgment on the first and fourth causes of action. The Supreme Court granted the motion, determining, inter alia, that the defendant...

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