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ALL BOROUGH GROUP MED. SUPPLY, INC. v. GEICO INS. CO.

2007-930 K C.

2008 NY Slip Op 51417 (U)

ALL BOROUGH GROUP MEDICAL SUPPLY, INC. A/A/O ALTAGRACE PETIT-FRERE, Appellant, v. GEICO INS. CO., Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff's motion for summary judgment was supported by an affirmation from plaintiff's counsel, an affidavit by an employee of plaintiff and various documents annexed thereto. The affidavit executed by the employee stated in a conclusory manner that the documents annexed to plaintiff's motion papers were plaintiff's business records. Defendant cross-moved for summary judgment on the ground of...

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