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UNIVERSAL v. LUMBERMENS MUT.

195 Misc.2d 352 (2003)

758 N.Y.S.2d 795

UNIVERSAL ACUPUNCTURE PAIN SERVICES, P.C., as Assignee of PETER BROWNBILL, Plaintiff, v. LUMBERMENS MUTUAL CASUALTY CO., Defendant.

Civil Court, Queens County.

March 28, 2003.

Attorney(s) appearing for the Case

Dash & Berger, Jericho (Robert E. Dash and Geoffrey M. Berger of counsel), for plaintiff.

Lawrence N. Rogak, Oceanside (Rhonda H. Barry of counsel), for defendant.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

In a recent article, two practitioner commentators opined: "In an attempt to reduce the strain on the court system, No-Fault has actually increased it" (Michael D. Jaffe & Joseph Chiu, Esqs., Using Independent Medical Examiners in No-Fault, NYLJ, May 10, 2001, at 1, col 1). The lower courts of New York are now teeming with cases of first impression destined to burgeon the dockets of appellate courts trying...

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