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INFINITY HEALTH PRODUCTS, LTD. v. EVEREADY INS.

21 Misc.3d 1 (2008)

INFINITY HEALTH PRODUCTS, LTD., as Assignee of JERMAINE THOMSON, Respondent, v. EVEREADY INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

July 10, 2008.

Attorney(s) appearing for the Case

Wollerstein & Futoran, New York City, and Sweetbaum & Sweetbaum, Lake Success (Marshall D. Sweetbaum of counsel), for appellant.

Law Office of Ilona Finkelshteyn, P.C., Brooklyn (Ilona Finkelshteyn and Emilia I. Rutigliano of counsel), for respondent.

PESCE, P.J., and STEINHARDT, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant opposed plaintiff's motion and cross-moved for summary judgment, arguing, inter alia, that the action was premature due to plaintiff's failure to provide requested verification. The court held that defendant...

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