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DENISE, MD, PC v. NYC TR AUTH

25 Misc.3d 13 (2009)

RICHARD DENISE, M.D., P.C., as Assignee of IRENE TRAPP, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Supreme Court, Appellate Term, First Department.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Israel, Israel & Purdy, LLP, Great Neck (Jennifer Greenhalgh Howard of counsel), for appellant.

Law Offices of Jones Jones O'Connell LLP, Brooklyn (Agnes Neiger of counsel), for respondent.

McKEON, P.J., and HEITLER, J., concur.

OPINION OF THE COURT

Per Curiam.

Order, dated May 7, 2007, reversed, without costs, motion denied and complaint reinstated.

Defendant New York City Transit Authority concedes that as a self-insurer, it is subject to the provisions of the No-Fault Law to the same extent as an insurer (see Insurance Law § 5103 [a]; Vehicle and Traffic Law § 321 [2]; Public Authorities Law § 1215...

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