NYACK HOSPITAL v. ENCOMPASS INSURANCE COMPANY


23 A.D.3d 535 (2005)

806 N.Y.S.2d 643

NYACK HOSPITAL, as Assignee of STACEY GERSTEN, Appellant, v. ENCOMPASS INSURANCE COMPANY, Respondent.

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

November 21, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

The plaintiff, Nyack Hospital (hereinafter the hospital), as assignee of Stacey Gersten, made a prima facie showing of entitlement to judgment as a matter of law on its claim for statutory interest and an attorney's fee...

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