Mary Immaculate Hospital v. Allstate Insurance Company

• Decision Date: 29 March 2004
• Docket Number: 2003-04755.
• Citation: 2004 NY Slip Op 02359,5 A.D.3d 742,774 N.Y.S.2d 564
• Parties: MARY IMMACULATE HOSPITAL et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.
• Court: New York Supreme Court — Appellate Division

5 A.D.3d 742

774 N.Y.S.2d 564

2004 NY Slip Op 02359

MARY IMMACULATE HOSPITAL et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

2003-04755.

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

March 29, 2004.

In an action to recover no-fault medical payments under certain insurance contracts, the defendant appeals from so much of a judgment of the Supreme Court, Nassau County (Skelos, J.), dated April 7, 2003, which, upon granting those branches of the plaintiffs' motion which were for summary judgment on their first, fourth, fifth, and seventh causes of action, is in favor of the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall and Sosamma Johnkutty, and against it in the total sum of $124,035.43, in favor of the plaintiff New York United Hospital, as assignee of Jean A. Cudilio, and against it in the total sum of $6,633.33, and in favor of the plaintiff White Plains Hospital, as assignee of Rashid Chugstai, and against it in the total sum of $116.14.

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

Contrary to the defendant's contention, the plaintiff hospitals made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received and that payment of no-fault benefits was overdue (see Insurance Law § 5106...