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NEW YORK AND PRESBYTERIAN HOSPITAL v. ALLSTATE INSURANCE COMPANY

29 A.D.3d 547 (2006)

814 N.Y.S.2d 687

NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of RICHARD UDLAND, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

May 2, 2006.

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

The plaintiffs, as the proponent of the summary judgment motion, had the initial burden of showing their prima facie 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 Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co.,

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