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NYU HOSP. v. STATE FARM MUT.

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38 Misc.3d 41 (2012)

959 N.Y.S.2d 799

2012 NY Slip Op 22379

NYU HOSPITAL FOR JOINT DISEASES, as Assignee of Michael Samilo, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

December 18, 2012.

Attorney(s) appearing for the Case

Joseph Henig, P.C., Bellmore ( Mark A. Green of counsel), for appellant. Rossillo & Licata, P.C., Westbury ( John J. Rossillo of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, we find that the District Court properly denied plaintiff's motion for summary judgment on the ground that plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see New York Hosp. Med. Ctr. of Queens v Statewide Ins. Co...

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