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LINCOLN GEN. INS. v. ALEV MED.

14894/09

25 Misc.3d 1019 (2009)

887 N.Y.S.2d 490

2009 NY Slip Op 29389

LINCOLN GENERAL INSURANCE COMPANY, Plaintiff, v. ALEV MEDICAL SUPPLY INC., Defendant.

District Court of Nassau County, First District.

Decided September 28, 2009.

Attorney(s) appearing for the Case

Law Offices of Nancy S. Kinden for plaintiff.

OPINION OF THE COURT

FRED J. HIRSH, J.

Plaintiff moves for leave to enter a default judgment.

Background

This case presents the issue of whether a no-fault insurance carrier that has paid no-fault benefits can sue a provider to recover no-fault benefits paid on a fraudulent claim.

Andrey Armstrong was injured in an automobile accident on September 5, 2008.

On October 4...

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