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NEW YORK AND PRESBYTERIAN HOSPITAL v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

31 A.D.3d 403 (2006)

817 N.Y.S.2d 517

NEW YORK AND PRESBYTERIAN HOSPITAL et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

July 5, 2006.

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant correctly contends that the plaintiff hospitals lacked standing. The proof adduced at trial included unsigned assignment of benefit forms (see Leon v Martinez, 84 N.Y.2d 83

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