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COMPLETE MED. SERVS. OF N.Y., P.C. v. MVAIC

2007-827 Q C.

2008 NY Slip Op 51541 (U)

COMPLETE MEDICAL SERVICES OF N.Y., P.C. as assignee of TIEYASHA McVAY, Respondent, v. MVAIC, Appellant.

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

Decided July 10, 2008.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) cross-moved for summary judgment dismissing the complaint. MVAIC argued, inter alia, that the action was premature since plaintiff and its assignor failed to exhaust all remedies against the driver and the owner of the taxicab which struck plaintiff's assignor before seeking...

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