MOUNT SINAI HOSPITAL v. ALLSTATE INSURANCE COMPANY


28 A.D.3d 727 (2006)

812 N.Y.S.2d 880

MOUNT SINAI HOSPITAL, as Assignee of LILY SAGIV, et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

April 25, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and upon reargument, that branch of the plaintiffs' motion which was for summary judgment on their first cause of action is denied and that branch of the defendant's cross motion which was for summary judgment dismissing the first cause of action is granted, and the first cause of action is dismissed.

The defendant established its entitlement to judgment as a matter of law on the...

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