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WESTCHESTER MEDICAL CENTER v. AMERICAN TRANSIT INSURANCE COMPANY

60 A.D.3d 848 (2009)

875 N.Y.S.2d 246

WESTCHESTER MEDICAL CENTER, as Assignee of DAPHNE McPHERSON, Respondent, et al., Plaintiffs, v. AMERICAN TRANSIT INSURANCE COMPANY, Appellant.

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

Decided March 17, 2009.

Ordered that the appeal from the order dated January 21, 2008 is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the plaintiffs' motion which was for summary judgment on the first cause of action asserted by the plaintiff Westchester Medical Center, as assignee of Daphne McPherson, is denied, and the order dated January 21, 2008 is modified accordingly...

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