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WESTCHESTER MED. CTR. v. ALLSTATE INS. CO.

2007-09648.

2008 NY Slip Op 06146

WESTCHESTER MEDICAL CENTER, ETC., respondent, v. ALLSTATE INSURANCE COMPANY, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Stern & Montana, LLP, New York, N.Y. (Richard Montana of counsel), for appellant.

Joseph Henig, P.C., Bellmore, N.Y. (Mark Green of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY, JJ.

DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the first cause of action is denied.

The plaintiff made a prima facie showing of entitlement to summary judgment on the first cause of action to recover no fault benefits on behalf of its assignor, Vincent Dailey, by demonstrating that the prescribed statutory billing forms were mailed to and received...

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