Opinion
No. 13–010.
2013-02-6
JACOBI MEDICAL CENTER OF the NYCHHC, Plaintiff–Respondent, v. Yacob KAHSAI aka Kahsai Yacob, Defendant–Appellant.
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.
Present: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
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 ( seeCPLR 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 A.D.2d 404 [1976] ).