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KINGSBROOK JEWISH MEDICAL CENTER v. ALLSTATE INS. CO.

61 A.D.3d 13 (2009)

871 N.Y.S.2d 680

KINGSBROOK JEWISH MEDICAL CENTER, as Assignee of THRESIAMM VALIYAPARAMBIL, et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided January 20, 2009.

Attorney(s) appearing for the Case

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

Joseph Henig, P.C., Bellmore, for respondents.

FISHER, J.P., MILLER and ENG, JJ., concur.

OPINION OF THE COURT

DILLON, J.

We are asked to determine whether the definition of diagnosis and procedure codes adopted by the United States Department of Health and Human Services (hereinafter HHS) as part of its regulatory authority may be a proper subject for judicial notice under CPLR 4511. If so, we must also determine whether the defined diagnostic codes, in and of themselves, permit a finding that a patient's hospital care and treatment is wholly...

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