ST. VINCENT'S HOSPITAL & MEDICAL CENTER v. ALLSTATE INSURANCE COMPANY

2009-01451

69 A.D.3d 923 (2010)

893 N.Y.S.2d 589

2010 NY Slip Op 668

ST. VINCENT'S HOSPITAL & MEDICAL CENTER, as Assignee of Jane Fritz, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided January 26, 2010.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

In support of its cross motion, the defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the accident in which the plaintiff's assignor was injured was not an insured incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 N.Y.2d...

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