NYU-HOSPITAL FOR JOINT DISEASES v. ALLSTATE INS. CO.

2014-02497

123 A.D.3d 781 (2014)

2014 NY Slip Op 08613

1 N.Y.S.3d 114

NYU-HOSPITAL FOR JOINT DISEASES, as Assignee of Martha G. Lopez, Respondent, et al., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided December 10, 2014.


Ordered that the judgment is reversed, on the law, with costs, that branch of the plaintiffs' motion which was for summary judgment on the first cause of action is denied, and the order entered September 10, 2013, is modified accordingly.

On October 18, 2012, Martha G. Lopez allegedly was injured in a motor vehicle accident. Approximately six months later, Lopez underwent surgery at the plaintiff NYU-Hospital for Joint Diseases (hereinafter the plaintiff). Lopez assigned...

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