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V.S. MED. SERVS. v. ALLSTATE INS. CO.

25 Misc.3d 39 (2009)

V.S. MEDICAL SERVICES, P.C., as Assignee of CARLOS GAVIRIA, Appellant, v. ALLSTATE INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided July 20, 2009.

Attorney(s) appearing for the Case

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

Bruno, Gerbino & Soriano, LLP, Melville (Charles W. Benton of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant argued at trial that there was no coverage for plaintiff's assignor's alleged injuries because the injuries were not sustained in a covered accident. Following the nonjury trial, the Civil Court dismissed the complaint, finding that defendant had...

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