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SPRING WORLD ACUPUNCTURE, P.C. v. NYC TRANSIT AUTHORITY

24 Misc.3d 39 (2009)

SPRING WORLD ACUPUNCTURE, P.C., as Assignee of NGUON DIEP, Appellant, v. NYC TRANSIT AUTHORITY, Respondent.

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

Decided May 22, 2009.

Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Fass, Grossman, Muhlstock & Neuwirth, Mineola (James Croteau of counsel), for appellant.

Jones, Jones, O'Connell, LLP, Brooklyn (Sara Pankowski-Diamond of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, and defendant's motion for summary judgment dismissing the complaint denied.

Plaintiff, a provider, commenced the instant action against defendant New York City Transit Authority (sued herein as NYC Transit Authority) by filing a summons and complaint on October 10, 2006 seeking to recover assigned first-party no-fault benefits for claims...

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