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N.Y. and Pres. Hos. v. Com

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2006
31 A.D.3d 403 (N.Y. App. Div. 2006)

Opinion

2005-02934.

July 5, 2006.

In an action to recover no-fault benefits under an insurance contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered January 20, 2005, which, after a nonjury trial, and upon denying the defendant's application to dismiss the complaint on the ground of lack of standing, is in favor of the plaintiffs and against it in the total sum of $33,452.77.

Before: Schmidt, J.P, Adams, Luciano and Lifson, JJ.


Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant correctly contends that the plaintiff hospitals lacked standing. The proof adduced at trial included unsigned assignment of benefit forms (see Leon v Martinez, 84 NY2d 83).


Summaries of

N.Y. and Pres. Hos. v. Com

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2006
31 A.D.3d 403 (N.Y. App. Div. 2006)
Case details for

N.Y. and Pres. Hos. v. Com

Case Details

Full title:NEW YORK AND PRESBYTERIAN HOSPITAL et al., Respondents, v. NEW YORK…

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

Date published: Jul 5, 2006

Citations

31 A.D.3d 403 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5336
817 N.Y.S.2d 517