Mary Immaculate Hospital v. Government Employees Insurance

Appellate Division of the Supreme Court of New York

Mary Immaculate Hospital v. Government Employees Insurance

21 A.D.3d 1009, 801 N.Y.S.2d 410

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 19, 2005

StatusPublished

This text of 21 A.D.3d 1009 (Mary Immaculate Hospital v. Government Employees Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mary Immaculate Hospital v. Government Employees Insurance, 21 A.D.3d 1009, 801 N.Y.S.2d 410 (N.Y. Ct. App. 2005).

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Opinion

In an action to recover no-fault medical payments, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated April 19, 2004, as granted that branch of the plaintiffs motion which was for summary judgment on the third cause of action to recover no-fault medical payments for Lenox Hill Hospital, as assignee of Stefan Selig.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment on the third cause of action is denied.

As relevant to this appeal, the plaintiffs, which brought this action to recover certain no-fault payments as assignees of insureds of the defendant, Government Employees Insurance Company (hereinafter GEICO), failed to make a prima facie showing of entitlement to judgment as a matter of law on the third cause of action asserted in the complaint (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Accordingly, the Supreme Court should have denied that branch of their motion which was for summary judgment with respect to this cause of action, regardless of the sufficiency of GEICO’s opposing papers (see McBride v DeMartine, 15 AD3d 362 [2005]). H. Miller, J.P., Ritter, Goldstein and Skelos, JJ., concur.

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In an action to recover no-fault medical payments, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated April 19, 2004, as granted that branch of the plaintiffs motion which was for summary judgment on the third cause of action to recover no-fault medical payments for Lenox Hill Hospital, as assignee of Stefan Selig.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment on the third cause of action is denied.

As relevant to this appeal, the plaintiffs, which brought this action to recover certain no-fault payments as assignees of insureds of the defendant, Government Employees Insurance Company (hereinafter GEICO), failed to make a prima facie showing of entitlement to judgment as a matter of law on the third cause of action asserted in the complaint (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Accordingly, the Supreme Court should have denied that branch of their motion which was for summary judgment with respect to this cause of action, regardless of the sufficiency of GEICO’s opposing papers (see McBride v DeMartine, 15 AD3d 362 [2005]). H. Miller, J.P., Ritter, Goldstein and Skelos, JJ., concur.

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Bluebook (online)

21 A.D.3d 1009, 801 N.Y.S.2d 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-immaculate-hospital-v-government-employees-insurance-nyappdiv-2005.

Opinion

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