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NYACK HOSPITAL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

8 A.D.3d 250 (2004)

777 N.Y.S.2d 700

NYACK HOSPITAL, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

June 1, 2004.

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

The plaintiff met its initial burden of demonstrating its entitlement to summary judgment by establishing that the defendant did not deny or pay the two claims in question within 30 days (see Insurance Law § 5106 [a]; Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 N.Y.2d 195 [1997]; Bonetti v Integon Natl. Ins. Co.,

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