WESTCHESTER MEDICAL CENTER v. LIBERTY MUTUAL INSURANCE COMPANY


40 A.D.3d 981 (2007)

837 N.Y.S.2d 210

WESTCHESTER MEDICAL CENTER, as Assignee of ERIC BIRNBAUM, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

Decided May 22, 2007.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment on the second, third, and fourth cause of action is granted, and the defendant's cross motion for summary judgment dismissing the second, third, and fourth causes of action is denied.

With respect to the second cause of action involving health services provided to Kevin Kane to recover no-fault benefits under an insurance contract and the third cause of action involving...

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