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Lenox Hill Hosp. v Brooks
2009 NY Slip Op 51761(U) [24 Misc 3d 143(A)]
Decided on August 14, 2009
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570687/08.

Lenox Hill Hospital, Plaintiff-Appellant,

against

Francine Brooks, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated September 16, 2008, which denied its motion for summary judgment.


Per Curiam.

Order (Manuel J. Mendez, J.), dated September 16, 2008, reversed, with $10 costs, and plaintiff's motion for summary judgment in the principal sum of $7,230.23 is granted. The Clerk is direct to enter judgment accordingly.

Plaintiff established a prima facie entitlement to summary judgment by submitting proof that it rendered physical therapy services to defendant, and that defendant, despite due demand, failed to remit payment. In opposition, defendant failed to submit any competent evidence to substantiate her sole defense that a third-party insurer was obligated on the debt.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 14, 2009