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HOSPITAL FOR JOINT DISEASES v. HERTZ CORPORATION

9 A.D.3d 392 (2004)

779 N.Y.S.2d 367

HOSPITAL FOR JOINT DISEASES, as Assignee of MIGUEL SALGADO, Appellant, v. HERTZ CORPORATION et al., Respondents.

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

July 12, 2004.

The plaintiff established its prima facie entitlement to summary judgment on its complaint to recover no-fault medical payments. Although the defendants maintained in opposition to the motion that they timely denied the claim, they failed to provide any evidentiary support for that assertion (see Hospital for Joint Diseases v Nationwide Mut. Ins. Co., 284 A.D.2d 374 [2001]). Further, the defendants failed to submit any evidentiary...

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