MARY IMMACULATE HOSP. v. ALLSTATE INSURANCE CO

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the plaintiff hospitals made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue ( see Insurance Law § 5106[a]; 11 NYCRR 65.15[g][3]; St. Luke's Roosevelt Hosp. v. American Tr. Ins. Co., 1 A.D.3d 498; St. Luke's Roosevelt Hosp. v. Allstate Ins. Co., 303 A.D.2d 743; New York and Presbyt. Hosp. v. Allstate Ins. Co., 295 A.D.2d 412; see also Matter of Prodip Das N.Y. Med. Rehab v. Allstate Ins. Co., 297 A.D.2d 321). Furthermore, the defendant's submissions in opposition were insufficient to raise an issue of fact as to whether it timely issued a partial denial of the claim asserted by the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall, or paid the claim asserted by the plaintiff New York United Hospital, as assignee of Jean A. Cudilo.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.