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V.S. MED, PC v. TRAVELERS

24 Misc.3d 32 (2009)

V.S. MEDICAL SERVICES, P.C., as Assignee of JOEL DEJESUS, Appellant, v. TRAVELERS INSURANCE Co., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Law Office of Karen C. Dodson, Melville (William Angstreich of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

Plaintiff commenced the instant action to recover $8,275.66 in first-party no-fault benefits for health care services rendered to plaintiff's assignor. Defendant filed a notice of trial on May 6, 2005. Following two adjournments, the case was dismissed on March 13, 2006 because of plaintiff's lack of readiness to proceed. Plaintiff...

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