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WESTCHESTER MEDICAL CENTER v. PROGRESSIVE CASUALTY INSURANCE CO.

51 A.D.3d 1012 (2008)

858 N.Y.S.2d 767

WESTCHESTER MEDICAL CENTER, as Assignee of ESTHER BEATON, Appellant-Respondent, v. PROGRESSIVE CASUALTY INSURANCE CO., Respondent-Appellant.

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

Decided May 27, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On February 4, 2006 Esther Beaton was injured after the vehicle she was driving crashed into a tree. Beaton was transported from the accident scene to the plaintiff hospital for care of her injuries.

On April 14, 2006 the plaintiff, as Beaton's assignor, sent the defendant, inter alia, a hospital facility form (NYS Form N-F5) seeking payment of its...

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