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

Appellate Division of the Supreme Court of New York

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

279 A.D.2d 616, 720 N.Y.S.2d 360, 2001 N.Y. App. Div. LEXIS 841

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

DecidedJanuary 29, 2001

StatusPublished

This text of 279 A.D.2d 616 (New York & Presbyterian Hospital v. New York Central Mutual 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 Insurance, 279 A.D.2d 616, 720 N.Y.S.2d 360, 2001 N.Y. App. Div. LEXIS 841 (N.Y. Ct. App. 2001).

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Opinion

In an action to recover damages pursuant to Insurance Law § 5106 (a), the defendant appeals from an order of the Supreme Court, Nassau County (Martin, J.), dated April 7, 2000, which granted the plaintiffs’ motion for summary judgment.

[617]*617Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs’ motion for summary judgment. In opposition to the plaintiffs’ prima facie showing of entitlement to judgment as a matter of law, the defendant presented sufficient evidence to raise triable issues of fact as to the completeness of the hospital facility forms submitted by the plaintiffs in support of their no-fault insurance claims (see, 11 NYCRR 65-3.5 [f]), and as to the timeliness of the defendant’s verification and payment or denial procedures (see, 11 NYCRR 65-3.5 [a]; 65-3.6 [b]; 65-3.8 [a] [1]; CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). Accordingly, the order is reversed and the plaintiffs’ motion is denied. Krausman, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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In an action to recover damages pursuant to Insurance Law § 5106 (a), the defendant appeals from an order of the Supreme Court, Nassau County (Martin, J.), dated April 7, 2000, which granted the plaintiffs’ motion for summary judgment.

[617]*617Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The Supreme Court erred in granting the plaintiffs’ motion for summary judgment. In opposition to the plaintiffs’ prima facie showing of entitlement to judgment as a matter of law, the defendant presented sufficient evidence to raise triable issues of fact as to the completeness of the hospital facility forms submitted by the plaintiffs in support of their no-fault insurance claims (see, 11 NYCRR 65-3.5 [f]), and as to the timeliness of the defendant’s verification and payment or denial procedures (see, 11 NYCRR 65-3.5 [a]; 65-3.6 [b]; 65-3.8 [a] [1]; CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562). Accordingly, the order is reversed and the plaintiffs’ motion is denied. Krausman, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

279 A.D.2d 616, 720 N.Y.S.2d 360, 2001 N.Y. App. Div. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-presbyterian-hospital-v-new-york-central-mutual-insurance-nyappdiv-2001.

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