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St. Luke's Ros. v. A. Transit

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 498 (N.Y. App. Div. 2003)

Opinion

2003-00912, 2003-05237

Argued October 27, 2003.

November 17, 2003.

In an action to recover no-fault medical payments under two insurance contracts, the defendant appeals from (1) a decision of the Supreme Court, Nassau County (Lally, J.), dated December 20, 2002, and (2) an order and judgment (one paper) of the same court entered January 29, 2003, which, upon granting the plaintiffs' motion for summary judgment, is in favor of the plaintiff St. Luke's Roosevelt Hospital, as assignee of Francisco Martinez, and against it in the principal sum of $10,265.76 and is in favor of the plaintiff Westchester Medical Center, as assignee of Juan Saravio, and against it in the principal sum of $4,864.02.

Short Billy, P.C., New York, N.Y. (Michael Billy, Jr., and Alexander Tisch of counsel), for appellant.

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

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision ( see Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the order and judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs.

In support of their motion for summary judgment, the plaintiffs made a prima facie showing of entitlement to judgment as a matter of law by offering sufficient evidence to demonstrate the absence of a triable issue of fact ( see Insurance Law § 5106 [a]; 11 NYCRR 65.15[g][3]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; St. Luke's Roosevelt Hosp. v. Allstate Ins. Co., 303 A.D.2d 743, 744). In opposition, the defendant failed to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.


Summaries of

St. Luke's Ros. v. A. Transit

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 498 (N.Y. App. Div. 2003)
Case details for

St. Luke's Ros. v. A. Transit

Case Details

Full title:ST. LUKE'S ROOSEVELT HOSPITAL, ETC., ET AL., respondents, v. AMERICAN…

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

Date published: Nov 17, 2003

Citations

1 A.D.3d 498 (N.Y. App. Div. 2003)
767 N.Y.S.2d 252

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