Westchester Med. Ctr. v. Travelers Prop. Cas. Ins. Co.

Full title: Westchester Medical Center as Assignee of ROBERT MILANO, RICHARD TRUSCELLO…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Apr 2, 2012

2012 N.Y. Slip Op. 50589 (N.Y. App. Term 2012)

Opinion

2011-853 N C

04-02-2012

Westchester Medical Center as Assignee of ROBERT MILANO, RICHARD TRUSCELLO and ETHAN VELEZ, Appellant, v. Travelers Property Casualty Insurance Company, Respondent.

LaCAVA

PRESENT: : , J.,P., MOLIA and IANNACCI, JJ

Appeal from an order of the District Court of Nassau County, First District (Andrea Phoenix, J.), dated January 19, 2011. The order, insofar as appealed from, denied plaintiff's motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the District Court properly denied plaintiff's motion for summary judgment on the ground that plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see New York Hosp. Med. Ctr. of Queens v Statewide Ins. Co., 33 Misc 3d 130[A], 2011 NY Slip Op 51863[U] [App Term, 9th & 10th Jud Dists 2011]).

Accordingly, the order, insofar as appealed from, is affirmed.

LaCava, J.P., Molia and Iannacci, JJ., concur.