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NYC MED v. REPUBLIC W. INS. CO.

8 Misc.3d 33 (2004)

NYC MEDICAL AND NEURODIAGNOSTIC, P.C., as Assignee of CARRIE WILLIAMS, Respondent, v. REPUBLIC WESTERN INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

December 22, 2004.

Attorney(s) appearing for the Case

Meiselman, Denlea, Packman & Eberz, P.C., White Plains (James G. Eberz of counsel), for appellant.

>Baker & Barshay LLP, Hauppauge (Gil McLean of counsel), for respondent.

ARONIN and PATTERSON, JJ., concur; PESCE, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, reversed without costs and defendant's motion to dismiss the complaint granted.

Plaintiff medical provider commenced this action to recover first-party no-fault benefits in the sum of $4,126.89 for medical services rendered to plaintiff's assignor for injuries she allegedly sustained in an automobile accident which occurred in the Bronx on December 7, 2001. Plaintiff's assignor was...

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