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UPTODATE MED. SERV. v. STATE FARM MUT. AUTO. INS. CO.

23 Misc.3d 42 (2009)

___ N.Y.S.2d ___

UPTODATE MEDICAL SERVICES, P.C., as Assignee of JEAN BAPTISTE, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 20, 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.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint granted, and complaint dismissed.

In this action by a provider to recover assigned first-party no-fault benefits for services rendered, plaintiff moved for summary judgment. Defendant...

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