Appellate Division of the Supreme Court of the State of New York September 15, 2009 (Mercury Casualty Co. v. Surgical Center at Milburn, LLC)

In an action for a judgment declaring that the policy of insurance issued by the plaintiff to the defendant’s assignor does not cover a claim for surgical services performed on October 9, 2006, the plaintiff appeals from an order of the Supreme Court, Nassau County (Feinman, J.