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WYCKOFF HEIGHTS MEDICAL CENTER v. COUNTRY-WIDE INSURANCE COMPANY

2009-06196.

71 A.D.3d 1009 (2010)

896 N.Y.S.2d 691

WYCKOFF HEIGHTS MEDICAL CENTER, as Assignee of RAMONA RODRIGUEZ, Plaintiff, and NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of JOAQUIN BENITEZ, Respondent, v. COUNTRY-WIDE INSURANCE COMPANY, Appellant.

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

Decided March 23, 2010.

Ordered that the judgment is affirmed, with costs.

The plaintiff New York and Presbyterian Hospital, as assignee of Joaquin Benitez (hereinafter the hospital), established its prima facie entitlement to judgment as a matter of law by demonstrating that the necessary billing forms were mailed to and received by the defendant Country-Wide Insurance Company (hereinafter the insurer) and that payment of no-fault benefits was overdue (see Insurance Law § 5106...

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