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NEW YORK AND PRESBYTERIAN HOSPITAL v. EMPIRE INSURANCE COMPANY

286 A.D.2d 322 (2001)

728 N.Y.S.2d 684

NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of DASANDA GADDY, Respondent, v. EMPIRE INSURANCE COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 6, 2001.

Ordered that the judgment is affirmed, with costs.

The plaintiff, New York and Presbyterian Hospital (hereinafter the hospital), commenced this action to recover certain no-fault benefits allegedly due its assignor, Dasanda Gaddy, by the defendants. The defendants denied the hospital's demand for the benefits on the ground that it failed to submit its claim within 180 days after the medical services were rendered (see, 11 NYCRR 65.15 [b] [4]). However, the...

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