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NEW YORK HOSP v. COUNTRY-WIDE

No. 216

17 N.Y.3d 586 (2011)

958 N.E.2d 88

934 N.Y.S.2d 54

2011 NY Slip Op 7149

NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of Joaquin Benitez, Respondent, v. COUNTRY-WIDE INSURANCE COMPANY, Appellant.

Court of Appeals of New York.

Decided October 13, 2011.

Attorney(s) appearing for the Case

Thomas Torto , New York City, and Jaffe & Koumourdas, LLP for appellant.

Joseph Henig, P.C., Bellmore ( Joseph Henig and Gregory Henig of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The question before the Court is whether a health care services provider, as assignee of a person injured in a motor vehicle accident, can recover no-fault benefits by timely submitting the required proof of claim after the 30-day period for providing written notice of the accident has expired. We hold it cannot.

On July 19, 2008, Joaquin Benitez was injured in a traffic accident...

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