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WESTCHESTER COUNTY MEDICAL CENTER v. ALLSTATE INSURANCE COMPANY

283 A.D.2d 488 (2001)

724 N.Y.S.2d 879

WESTCHESTER COUNTY MEDICAL CENTER, as Assignee of ADRIAN OLLIVIERRE, Respondent, et al., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff Westchester County Medical Center (hereinafter WCMC), as assignee of non-party Adrian Olliviere, commenced this action against the defendant Allstate Insurance Company (hereinafter Allstate) to recover no-fault insurance benefits. After Allstate failed to timely appear or answer, WCMC, as assignee of Olliviere, obtained a judgment against Allstate in the principal sum of $2,687.57. However, Allstate failed...

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