Appellate Terms of the Supreme Court of New York December 18, 2012 (NYU Hospital for Joint Diseases v. State Farm Mutual Automobile Insurance)

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, we find that the District Court properly denied plaintiffs motion for summary judgment on the ground that plaintiff had not demonstrated its prima facie entitlement to judgment as a matter of law (see New