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EAGLE SURGICAL v. PROGRESSIVE

21 Misc.3d 49 (2008)

EAGLE SURGICAL SUPPLY, INC., as Assignee of YVETTE JONES, Appellant, v. PROGRESSIVE CASUALTY INSURANCE Co., Respondent.

Supreme Court, Appellate Term, Second Department.

September 10, 2008.

Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn (Benjamin Sharav of counsel), for appellant.

PESCE, P.J., Rios and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In this action by a provider to recover assigned first-party nofault benefits, plaintiff moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint, asserting, inter alia, that plaintiff failed to establish its prima facie entitlement to summary judgment...

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