[Download] "Millennium Medical Instruments Inc. v. Nyc Transit Authority" by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts ~ Book PDF Kindle ePub Free
eBook details
- Title: Millennium Medical Instruments Inc. v. Nyc Transit Authority
- Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
- Release Date : January 30, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
In this action to recover first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted a claim, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). Inasmuch as defendant failed to pay or deny the claim within the 30-day prescribed period (11 NYCRR 65.15 (g) (3), now 11 NYCRR 65-3.8 [c]), it was precluded from raising most defenses (see Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 282 [1997]).
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