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COMPLETE INC. v. STATE FARM

23 Misc.3d 5 (2009)

___ N.Y.S.2d ___

COMPLETE ORTHOPEDIC SUPPLIES, INC., as Assignee of ANA VALENCIA, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided January 9, 2009.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman, Stuart M. Bodoff and Melissa M. Murphy of counsel), for appellant.

Law Office of Cohen & Jaffe, LLP, Lake Success (Aaron J. Perreta of counsel), for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, order dated June 28, 2007 vacated, plaintiff's motion for summary judgment denied and defendant's cross motion for summary judgment dismissing the complaint granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff's moved for summary judgment. Defendant cross-moved for summary judgment dismissing...

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