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MOUNT SINAI HOSPITAL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

2010-07576.

85 A.D.3d 1135 (2011)

926 N.Y.S.2d 295

2011 NY Slip Op 5679

MOUNT SINAI HOSPITAL, as Assignee of Meilun Chun, et al., Plaintiffs, and NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of Gregory Berkley, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided June 28, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the plaintiff New York and Presbyterian Hospital, as assignee of Gregory Berkley, for summary judgment on its fourth cause of action is denied.

The plaintiff New York and Presbyterian Hospital, as assignee of Gregory Berkley (hereinafter the hospital), made a prima facie showing of entitlement to judgment as a matter of law with respect to the fourth cause of action to recover no-fault medical...

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