New York and Presbyterian Hospital v. Allstate Insurance Company

• Decision Date: 10 June 2002
• Citation: 743 N.Y.S.2d 733,295 A.D.2d 412
• Parties: NEW YORK AND PRESBYTERIAN HOSPITAL et al., Appellants-Respondents,<BR>v.<BR>ALLSTATE INSURANCE COMPANY, Respondent-Appellant.
• Court: New York Supreme Court — Appellate Division

295 A.D.2d 412

743 N.Y.S.2d 733

NEW YORK AND PRESBYTERIAN HOSPITAL et al., Appellants-Respondents,

v.ALLSTATE INSURANCE COMPANY, Respondent-Appellant.

Decided June 10, 2002.

Smith, J.P., O'Brien, H. Miller and Cozier, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiffs' motion for summary judgment and substituting therefor a provision granting that motion; as so modified, the order is affirmed, with costs to the plaintiffs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

The Supreme Court erred in denying the plaintiffs' motion for summary judgment. In opposition to the plaintiffs' prima facie showing of entitlement to judgment as a matter of law, the defendant failed to present sufficient evidence to raise a triable issue of fact as to the completeness of the hospital facility forms submitted by the plaintiffs in support of their no-fault insurance claims (see 11 NYCRR 65.15 [d] [6]), and as to the timeliness of the defendant's verification and payment or denial procedures (see 11 NYCRR 65.15 [e] [2]; [g]; CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562).

Accordingly, the plaintiffs established their entitlement to medical payments as well as statutory interest and attorneys' fees (see Insurance Law § 5106 [a]), and we remit the matter to the Supreme Court, Nassau County, for the appropriate calculations.