MERCURY CASUALTY COMPANY v. SURGICAL CENTER AT MILBURN, LLC


65 A.D.3d 1102 (2009)

885 N.Y.S.2d 218

MERCURY CASUALTY COMPANY, Appellant, v. SURGICAL CENTER AT MILBURN, LLC, Respondent.

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

Decided September 15, 2009.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the policy of insurance issued by the plaintiff to the defendant's assignor does not cover a claim for surgical services performed on October 9, 2006.

The plaintiff demonstrated its entitlement to a default judgment against the defendant by submitting proof of service of the summons...

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