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N. SHORE UNIV. HOSP AT FOREST HILLS v. ZUK

Appellate Term of the Supreme Court of New York, Second Department
Feb 8, 2008
2008 N.Y. Slip Op. 50288 (N.Y. App. Term 2008)

Opinion

2006-1952 Q C.

Decided on February 8, 2008.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered September 18, 2006. The judgment, entered pursuant to an order granting plaintiff's motion for summary judgment, awarded plaintiff the sum of $3,398.23.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


In this action by a medical provider to recover the sum of $2,114, plus interest and costs, for services rendered, plaintiff moved for summary judgment. In opposition to plaintiff's prima facie showing, defendant failed to substantiate her sole defense to the action, that a third-party insurer was obligated on the debt. She produced no proof of coverage and made no attempt to implead either of the insurers who, apparently, had denied that any insurance policy was in effect when the treatment was rendered ( see 21 Carmody-Wait 2d § 123:63, at 77). Accordingly, plaintiff's motion for summary judgment was properly granted and the judgment entered pursuant thereto is affirmed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.


Summaries of

N. SHORE UNIV. HOSP AT FOREST HILLS v. ZUK

Appellate Term of the Supreme Court of New York, Second Department
Feb 8, 2008
2008 N.Y. Slip Op. 50288 (N.Y. App. Term 2008)
Case details for

N. SHORE UNIV. HOSP AT FOREST HILLS v. ZUK

Case Details

Full title:NORTH SHORE UNIVERSITY HOSPITAL AT FOREST HILLS, Respondent, v. KRYSTINA…

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

Date published: Feb 8, 2008

Citations

2008 N.Y. Slip Op. 50288 (N.Y. App. Term 2008)