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NYACK HOSPITAL v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY

16 A.D.3d 564 (2005)

791 N.Y.S.2d 658

NYACK HOSPITAL, as Assignee of JOHN WATSON, Respondent, v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellant.

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

March 21, 2005.

Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms were mailed and received, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR 65.15 [g] [3]; Alvarez v Prospect Hosp., 68 N.Y.2d 320, 325 [1986]; Mary Immaculate...

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