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DAVYDOV v. PROGRESSIVE INS. CO.

2008-27 QC.

25 Misc.3d 19 (2009)

ALBERT DAVYDOV, D.D.S., as Assignee of SLIKIA MARTINEZ, Respondent, v. PROGRESSIVE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 9, 2009.

Attorney(s) appearing for the Case

Short & Billy, P.C., New York City (Skip Short of counsel), for appellant.

Cohen & Jaffe, LLP, Lake Success, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

Plaintiff Dr. Albert Davydov, DDS, commenced the instant action to recover assigned first-party no-fault benefits for dental services rendered. After a nonjury trial, the Civil Court rendered a decision in favor of plaintiff in the principal sum of $6,569.27. This appeal by defendant ensued. A judgment was subsequently entered.

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