WESTCHESTER MEDICAL CENTER v. LANCER INSURANCE COMPANY

2011-09248.

94 A.D.3d 984 (2012)

942 N.Y.S.2d 373

2012 NY Slip Op 2867

WESTCHESTER MEDICAL CENTER, as Assignee of Peter Dilemme, Appellant, v. LANCER INSURANCE COMPANY, Respondent.

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

Decided April 17, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff demonstrated its prima facie entitlement to judgment as a matter of law on its complaint to recover no-fault payments, by submitting evidence that the prescribed statutory billing form had been mailed and received by the defendant insurer, which failed to either pay or deny the claim within the requisite 30-day period (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.5; ...

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