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NY ARTHROSCOPY & SPORTS MEDICINE PLLC v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

15 Misc.3d 89 (2007)

836 N.Y.S.2d 753

NY ARTHROSCOPY & SPORTS MEDICINE PLLC, as Assignee of MADELINE GONZALEZ, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent.

Supreme Court, Appellate Term, First Department.

May 4, 2007.

Attorney(s) appearing for the Case

Israel, Israel & Purdy, LLP, Great Neck (William M. Purdy of counsel), for appellant.

Marshall & Marshall, Jericho (Jeffrey D. Kadushin of counsel), for respondent.

McKEON, J.P., McCOOE and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered February 7, 2006, affirmed, with $10 costs.

Contrary to plaintiff's contention, defendant Motor Vehicle Accident Indemnification Corporation (MVAIC) has the "rights and obligations" applicable to an insurer under article 51 of the Insurance Law (see Insurance Law § 5221 [b] [3]; New York Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem...

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