WESTCHESTER MEDICAL CENTER v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

2010-08084.

81 A.D.3d 929 (2011)

917 N.Y.S.2d 275

WESTCHESTER MEDICAL CENTER, as Assignee of Robert Hostetter, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided February 22, 2011.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment on the complaint is granted, and the defendant's cross motion for summary judgment dismissing the complaint is denied.

The plaintiff made a prima facie showing that it was entitled to judgment as a matter of law on its complaint to recover no-fault insurance medical payments by submitting evidence that the prescribed statutory billing form had been mailed and received...

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