Mary Immaculate Hospital v. Allstate Insurance

N.Y. App. Div.

Court: New York Supreme Court, Appellate Division

Citations: 5 A.D.3d 742, 774 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 3597

Decision Date: 3/29/2004

Jurisdiction: NY

Bluebook Citation: Mary Immaculate Hospital v. Allstate Insurance, 5 A.D.3d 742, 774 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 3597 (N.Y. App. Div. 2004)

More Cases: N.Y. App. Div. decisions from 2004


Citation analytics

How this case sits in the citation network, derived from CiteLaw's graph of published opinions.

★Highly CitedTop 7% most-cited · cited by 74 decisions
74
Citing decisions
1
Authorities cited
6+
Courts citing

Citations by decade

64
8
2
2000s2010s2020s

Courts citing this case

N.Y. App. Term42
N.Y. App. Div.11
N.Y. Civ. Ct.10
N.Y. Sup. Ct.3
N.Y. App. Term.2
Nassau Cty. Dist. Ct.2
Most recently cited by10
  • 2026Maxim Orthopaedics PLLC v. MVAIC Civ. Ct. NYC, Richmond Cty.
  • 2025Flatbush Acupuncture P.C. v. Repwest Ins. Co. Civ. Ct. NYC, Queens Cty.
  • 2017St. Barnabas Hospital v. Government Employees Insurance Co. N.Y. Sup. Ct.
  • 2016New Quality Med., P.C. v. Allstate Ins. Co. N.Y. App. Term.
  • 2015AR Medical Rehabilitation v. State-Wide Insurance N.Y. Civ. Ct.
  • 2011Viviane Etienne Medical Care, P.C. v. Country-Wide Insurance N.Y. App. Term
  • 2011Velen Medical Supply, Inc. v. Greyhound Lines, Inc. N.Y. Dist. Ct.
  • 2010Advanced Tempromandibular Disorder & Dental Surgery v. Progressive Northeastern Insurance Suffolk Dist. Ct.
  • 2010Bath Medical Supply, Inc. v. Allstate Indemnity Co. N.Y. App. Term
  • 2010Central Nassau Diagnostic Imaging, P.C. v. GEICO N.Y. App. Term
Cites 1 case
  • St. Luke's Roosevelt Hospital v. Allstate Insurance

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Opinion

Mary Immaculate Hospital et al., Respondents, v Allstate Insurance Company, Appellant.

majority

In an action to recover no-fault medical payments under certain insurance contracts, the defendant appeals from so much of a judgment of the Supreme Court, Nassau County (Skelos, J.), dated April 7, 2003, which, upon granting those branches of the plaintiffs’ motion which were for summary judgment on their first, fourth, fifth, and seventh causes of action, is in favor of the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall and Sosamma Johnkutty, and against it in the total sum of $124,035.43, in favor of the plaintiff New York United Hospital, as assignee of Jean A. Cudilio, and against it in the total sum of $6,633.33, and in favor of the plaintiff White Plains Hospital, as assignee of Rashid Chugstai, and against it in the total sum of $116.14.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the plaintiff hospitals made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR 65.15 [g] [3]; St. Luke’s Roosevelt Hosp. v American Tr. Ins. Co., 1 AD3d 498 [2003]; St. Luke’s Roosevelt Hosp. v Allstate Ins. Co., 303 AD2d 743 [2003]; New York & Presbyt. Hosp. v Allstate Ins. Co., 295 AD2d 412 [2002]; see also Matter of Pradip Das/N.Y. Med. Rehab v Allstate Ins. Co., 297 AD2d 321 [2002]). Furthermore, the defendant’s submissions in opposition were insufficient to raise an issue of fact as to whether it timely issued a partial denial of the claim asserted by the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall, or paid the claim asserted by the plaintiff New York United Hospital, as assignee of Jean A. Cudilio. Santucci, J.P., Krausman, Luciano and Townes, JJ., concur.

Chat with this case using AI

Ask CiteLaw's AI Navigator anything about this case, check whether it is still good law, and see every case that cites it. Sign up for CiteLaw free today to get started.