New York Court of Appeals

Hospital for Joint Diseases, as Assignee of Jodi Friedman and Another, and New York and Presbyterian Hospital, as…

November 20, 20079 N.Y.3d 312

Summary

The New York Court of Appeals affirmed summary judgment for the hospital, holding that Travelers' failure to request verification of the assignment within the statutory time limits precludes it from asserting a defense that the assignment was invalid. The dissent argued that the assignment defense is a lack‑of‑coverage issue and should not be barred, and would reverse the lower court.