St. John's Riverside v. Hartford Acc. Indem

Full title: ST. JOHN'S RIVERSIDE HOSPITAL, as Assignee of DARYL FLOWERS, Appellant, v…

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

Date published: Sep 26, 1994

207 A.D.2d 877 (N.Y. App. Div. 1994)

616 N.Y.S.2d 653

Opinion

September 26, 1994

Appeal from the Supreme Court, Nassau County (Roberto, J.).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We reject the plaintiff's contention that the defendants' papers in opposition to the plaintiff's motion for summary judgment were insufficient to defeat the motion. We agree with the Supreme Court that there are issues of fact with regard to whether the defendants' delay in denying no-fault insurance benefits was reasonable and whether the driver of the insured vehicle was intoxicated at the time of the accident (see, Insurance Law § 3420 [d]; Mirza v. Allstate Ins. Co., 185 A.D.2d 303). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.