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OCEAN IMAGING v. STATE FARM

9 Misc.3d 73 (2005)

803 N.Y.S.2d 333

OCEAN DIAGNOSTIC IMAGING P.C., as Assignee of LOUIS JACQUES JEAN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

March 1, 2005.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Bruno Gerbino & Macchia LLP, Melville, and Rivkin Radler LLP, Uniondale (Evan H. Krinick, Stuart M. Bodoff and Rosemarie Bruno of counsel), for respondent.

PATTERSON and GOLIA, JJ., concur; ARONIN, J.P., taking no part.

OPINION OF THE COURT

MEMORANDUM.

On the court's own motion, the decision and order of this court entered December 8, 2004 in the above-entitled matter is recalled and vacated and the following decision and order is substituted therefor.

Order insofar as appealed from affirmed without costs.

In this action to recover first-party no-fault benefits for medical treatment provided its assignor,...

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