MARY IMMACULATE HOSPITAL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY


21 A.D.3d 1009 (2005)

801 N.Y.S.2d 410

MARY IMMACULATE HOSPITAL et al., Plaintiffs, and LENOX HILL HOSPITAL, as Assignee of STEFAN SELIG, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

September 19, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment on the third cause of action is denied.

As relevant to this appeal, the plaintiffs, which brought this action to recover certain no-fault payments as assignees of insureds of the defendant, Government Employees Insurance Company (hereinafter GEICO), failed to make a prima facie showing of entitlement to judgment as a matter...

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