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WESTCHESTER MED. CTR. v. LINCOLN GEN. INS. CO.

60 A.D.3d 1045 (2009)

___ N.Y.S.2d ___

WESTCHESTER MEDICAL CENTER, as Assignee of BARTOLO REYES, Appellant, v. LINCOLN GENERAL INSURANCE COMPANY, Respondent.

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

Decided March 31, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff made a prima facie showing that it was entitled to judgment as a matter of law on its complaint to recover no-fault medical payments by submitting evidence that the prescribed statutory billing forms had been mailed and received, and that the defendant had failed to either pay or deny the claim within the requisite 30-day...

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