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DAMADIAN MRI v. PROGRESSIVE

196 Misc.2d 245 (2003)

764 N.Y.S.2d 337

DAMADIAN MRI IN GARDEN CITY, P.C., as Assignee of MARIE BAPTISTE, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE CO., Defendant.

Civil Court, Queens County.

June 9, 2003.

Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville (Richard C. Aitken and Diana Tully of counsel), for defendant.

Parker Law Firm, Farmingdale (Michael Baglio of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The issue litigated in this case for no-fault benefits is whether the defendant insurer can successfully disclaim no-fault benefits, in a Civil Court action, by arguing that the plaintiff's assignee should seek recovery from the insurer of the rental car that its assignor was driving at the time of the injury. The case also addresses the novel question of whether, under...

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