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A.B. MED. SERVS v. AMERICAN INS.

2008-281 NC.

24 Misc.3d 75 (2009)

A.B. MEDICAL SERVICES, PLLC, et al., as Assignee of WILKENS LAGUERRE, Appellants, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellants.

Daniel J. Tucker, New York City, and Thomas Torto, New York City, for respondent.

RUDOLPH, P.J., TANENBAUM and LACAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, modified by striking the provision denying without prejudice plaintiffs' motion for summary judgment and by remitting plaintiffs' motion to the District Court to be held in abeyance pending a prompt application to the Workers' Compensation Board for a determination of the parties' rights under the Workers' Compensation Law. In the event plaintiffs...

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