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HOSPITAL FOR JOINT DISEASES, as Assignee of MIGUEL SALGADO, Appellant, v. HERTZ CORPORATION et al., Respondents.

The plaintiff established its prima facie entitlement to summary judgment on its complaint to recover no-fault medical payments. Although the defendants maintained in opposition to the motion that they timely denied the claim, they failed to provide any evidentiary support for that assertion ( see Hospital for Joint Diseases v. Nationwide Mut. Ins. Co., 284 AD2d 374). Further, the defendants failed to submit any evidentiary proof to support their claim that the subject injury and treatment were not causally related to the subject motor vehicle accident ( see Mount Sinai Hosp. v. Triboro Coach, 263 AD2d 11). Thus, the defendants failed to raise a triable issue of fact to defeat the motion.

In light of our determination, the parties' remaining contentions have been rendered academic.

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HOSPITAL FOR JOINT DISEASES v. HERTZ CORP
(Jul 12, 2004)