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J.R. DUGO, PC v. NY. MUT. INS. CO.

2008-346 RI C.

24 Misc.3d 68 (2009)

J.R. DUGO, D.C., P.C., as Assignee of JUDY NIEVES, Respondent, v. NEW YORK CENTRAL MUTUAL INSURANCE CO., Appellant.

Supreme Court, Appellate Term, Second Department.

June 12, 2009.

Attorney(s) appearing for the Case

Gullo & Associates, LLP, Brooklyn (Anthony DeGuerre of counsel), for appellant.

WESTON, J.P., and STEINHARDT, J., concur; GOLIA, J. dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order modified by adding thereto the provision that the acknowledgment of service annexed to defendant's moving papers is deemed timely filed; as so modified, affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved pursuant to CPLR 3211 to dismiss the action without prejudice because plaintiff failed to...

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