| North Shore Univ. Hosp. At Forest Hills v Zuk |
| 2008 NY Slip Op 50288(U) [18 Misc 3d 137(A)] |
| Decided on February 8, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna
Culley, J.), entered September 18, 2006. The judgment, entered pursuant to an order granting
plaintiff's motion for summary judgment, awarded plaintiff the sum of $3,398.23.
Judgment affirmed without costs.
In this action by a medical provider to recover the sum of $2,114, plus interest and costs, for services rendered, plaintiff moved for summary judgment. In opposition to plaintiff's prima facie showing, defendant failed to substantiate her sole defense to the action, that a third-party insurer was obligated on the debt. She produced no proof of coverage and made no attempt to implead either of the insurers who, apparently, had denied that any insurance policy was in effect when the treatment was rendered (see 21 Carmody-Wait 2d § 123:63, at 77). Accordingly, plaintiff's motion for summary judgment was properly granted and the judgment entered pursuant thereto is affirmed.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 08, 2008