MONTEFIORE MEDICAL CENTER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY


34 A.D.3d 771 (2006)

826 N.Y.S.2d 616

MONTEFIORE MEDICAL CENTER, as Assignee of JUAN GARCIA, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided November 28, 2006.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

Contrary to the Supreme Court's determination, the defendant's request for additional verification, which followed the plaintiff's submission of an N-F5 verification, did not have to be set forth in a prescribed form (see 11 NYCRR 65-3.5 [b]; Nyack Hosp. v Progressive Cas. Ins. Co., 296 A.D.2d 482...

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