St. John's Riverside Hospital v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York

St. John's Riverside Hospital v. Hartford Accident & Indemnity Co.

207 A.D.2d 877, 616 N.Y.S.2d 653, 1994 N.Y. App. Div. LEXIS 9088

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

DecidedSeptember 26, 1994

StatusPublished

This text of 207 A.D.2d 877 (St. John's Riverside Hospital v. Hartford Accident & Indemnity Co.) 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.

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St. John's Riverside Hospital v. Hartford Accident & Indemnity Co., 207 A.D.2d 877, 616 N.Y.S.2d 653, 1994 N.Y. App. Div. LEXIS 9088 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover no-fault insurance benefits pursuant to Insurance Law § 5106 (a), the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), [878]*878dated April 7, 1993, as denied its motion for summary judgment.

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

We reject the plaintiffs contention that the defendants’ papers in opposition to the plaintiffs 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 AD2d 303). Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.

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—In an action to recover no-fault insurance benefits pursuant to Insurance Law § 5106 (a), the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Roberto, J.), [878]*878dated April 7, 1993, as denied its motion for summary judgment.

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

We reject the plaintiffs contention that the defendants’ papers in opposition to the plaintiffs 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 AD2d 303). Bracken, J. P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

207 A.D.2d 877, 616 N.Y.S.2d 653, 1994 N.Y. App. Div. LEXIS 9088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-johns-riverside-hospital-v-hartford-accident-indemnity-co-nyappdiv-1994.

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