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MID ATL. MED., P.C. v. VICTORIA SELECT INS. CO.

2007-162 K C.

2008 NY Slip Op 51758 (U)

MID ATLANTIC MEDICAL, P.C. A/A/O REGINALD SMALLS and KEVIN JOHNSON, Appellant, v. VICTORIA SELECT INS. CO., Respondent.

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

Decided August 19, 2008.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved to dismiss the complaint pursuant to CPLR 3211 (a) (5), based upon a Virginia court's order rescinding the subject insurance policy. The court below denied plaintiff's motion for summary judgment and granted defendant's cross motion to dismiss the complaint. Plaintiff appeals.

An objection based on CPLR 3211 (a) (5) must be...

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