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ALPHA CHIROPRACTIC, P.C. v. STATE FARM MUT. AUTO INS. CO.

2007-1640 Q C.

2008 NY Slip Op 51678 (U)

ALPHA CHIROPRACTIC, P.C. A/A/O STEPHEN WHYTE, VICTORIA ORLANDO MARIA REVNOS, LEOVANNY RAMIREZ, RAFAEL TAVAREZ, MIRTA RODRIGUEZ And ARTHUR JENKINS, Respondent, v. STATE FARM MUTUAL AUTO INS. CO., Appellant.

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

Decided July 22, 2008.

In this action by a provider to recover assigned first-party no-fault benefits, the court below awarded plaintiff attorney's fees upon each of the eight claims submitted for medical services provided to plaintiff's assignor rather than upon the aggregate sum of the eight claims. The instant appeal by defendant ensued.

For the reasons stated in Fortune Med., P.C. v New York Cent. Mut. Fire Ins. Co. (Misc 3d, 2008 NY Slip Op 28218 [App Term, 2d & 11th Jud...

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