| Jacobi Med. Ctr. of the NYCHHC v Yacob Kahsai |
| 2013 NY Slip Op 50229(U) [38 Misc 3d 141(A)] |
| Decided on February 6, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx
County (Gerald Lebovits, J.), entered April 17, 2012, which granted plaintiff's motion for
summary judgment on the complaint in the principal sum of $6,953.83.
Per Curiam.
Appeal from order (Gerald Lebovits, J.), entered April 17, 2012, deemed an appeal from the ensuing judgment (same court and Judge) entered May 18, 2012, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.
The plaintiff hospital made a prima facie showing of entitlement to judgment as a
matter of law by demonstrating that it provided inpatient treatment to defendant and that,
despite timely demand, defendant refused to pay the amount due for the services
rendered (see State of New York v Infantino, 62 AD3d 781 [2009]). In response,
defendant, who did not deny the rendition of services or challenge the amount of the bill,
failed to raise a triable issue of fact. Defendant's vague and unsubstantiated assertion that
plaintiff's billing department "[a]pparently" did not file a claim with defendant's
insurance carrier was insufficient, without more, to defeat summary judgment (cf.
Amsterdam Mem.
Hosp. v Cintron, 52 AD2d 404 [1976]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2013