MOUNT SINAI HOSPITAL v. COUNTRY WIDE INSURANCE COMPANY

2010-03391.

81 A.D.3d 700 (2011)

916 N.Y.S.2d 228

MOUNT SINAI HOSPITAL, as Assignee of Anthony Benjamin, et al., Appellants, v. COUNTRY WIDE INSURANCE COMPANY, Respondent.

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

Decided February 8, 2011.


Ordered that the order entered March 19, 2010, is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 5019 (a) to modify the judgment is denied.

The plaintiffs moved, inter alia, for summary judgment on the first cause of action asserted by the plaintiff Mount Sinai Hospital, as assignee of Anthony Benjamin (hereinafter the hospital), to recover no-fault medical payments from the defendant Country Wide Insurance Company (hereinafter the insurer...

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