Mount Sinai Hosp. v. Dust Transit, Inc.

• Decision Date: 20 March 2013
• Parties: MOUNT SINAI HOSPITAL, etc., appellant, v. DUST TRANSIT, INC., respondent.
• Court: New York Supreme Court — Appellate Division

104 A.D.3d 823
962 N.Y.S.2d 307
2013 N.Y. Slip Op. 01811

MOUNT SINAI HOSPITAL, etc., appellant,
v.
DUST TRANSIT, INC., respondent.

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

March 20, 2013.

[962 N.Y.S.2d 308]

Joseph Henig, P.C., Bellmore, N.Y., for appellant.

Gerber & Gerber, PLLC (Thomas Torto and Jason Levine, New York, N.Y., of counsel), for respondent.

PETER B. SKELOS, J.P., MARK C. DILLON, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.

[104 A.D.3d 823]In an action to recover no-fault medical benefits, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeStefano, J.), entered February 27, 2012, which granted the defendant's motion, denominated as one pursuant to CPLR 2221(a) to modify so much of an order of the same court entered September 28, 2011, as, upon reargument, granted the plaintiff's motion for summary judgment on the complaint, and to vacate a judgment of the same court entered October 13, 2011, but which was, in actuality, one pursuant to CPLR 2221(e) for leave to renew its prior opposition to the plaintiff's motion for summary judgment on the complaint and, in effect, upon renewal, vacated the order entered September 28, 2011, and the judgment entered October 13, 2011, and, thereupon, granted the plaintiff's motion

[962 N.Y.S.2d 309]

for summary judgment on the complaint only to the extent of permitting it to recover the sum of $18,620.18 from the defendant, inclusive of interest, costs, and an attorney's fee.

ORDERED that the order is reversed, on the law, with costs, the defendant's motion pursuant to CPLR 2221(e) for leave to renew its prior opposition to the plaintiff's motion for summary judgment on the complaint is denied, and the order entered September 28, 2011, and the judgment entered October 13, 2011, are reinstated.

The plaintiff hospital, as assignee of Alison Cassani, commenced this action to recover no-fault medical benefits from the defendant, a self-insured taxi corporation. The plaintiff moved for summary judgment on the complaint. However, the Supreme Court denied that motion on the ground that the defendant had not yet received all requested verification. The plaintiff subsequently moved for leave to reargue its motion for summary judgment. The Supreme Court, in an order entered September 28, 2011, granted leave to reargue and, upon reargument, granted the plaintiff's motion for summary judgment on the complaint, finding that the requested verification had been received. A...