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MARY IMMACULATE HOSPITAL v. ALLSTATE INSURANCE COMPANY

5 A.D.3d 742 (2004)

774 N.Y.S.2d 564

MARY IMMACULATE HOSPITAL et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

March 29, 2004.

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

Contrary to the defendant's contention, the plaintiff hospitals made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR...

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