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LENOX HILL HOSPITAL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

2011-05272.

89 A.D.3d 905 (2011)

932 N.Y.S.2d 705

2011 NY Slip Op 8330

LENOX HILL HOSPITAL, as Assignee of Hector Jamie Robles, Appellant, et al., Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent.

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

Decided November 15, 2011.

Ordered that the order is affirmed, with costs.

Given the limited nature of the plaintiff's motion for summary judgment, which established the plaintiff's prima facie entitlement to judgment as a matter of law solely on the ground that the defendant did not pay or deny the subject claim within 30 days (see 11 NYCRR 65-3.8 [c]), the defendant's only burden in opposition to the motion was to raise a triable issue of fact regarding its timely payment or denial...

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