New York & Presbyterian Hospital v. New York Central Mutual Fire Insurance

31 A.D.3d 403, 817 N.Y.S.2d 517

This text of 31 A.D.3d 403 (New York & Presbyterian Hospital v. New York Central Mutual Fire 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
New York & Presbyterian Hospital v. New York Central Mutual Fire Insurance, 31 A.D.3d 403, 817 N.Y.S.2d 517 (N.Y. Ct. App. 2006).

Opinion

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.

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 [1994]). Schmidt, J.P., Adams, Luciano and Lifson, JJ., concur.

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Related

Leon v. Martinez
638 N.E.2d 511 (New York Court of Appeals, 1994)

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Bluebook (online)
31 A.D.3d 403, 817 N.Y.S.2d 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-presbyterian-hospital-v-new-york-central-mutual-fire-insurance-nyappdiv-2006.