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IDEAL MED. SUPPLY v. MERCURY CAS. INS.

570607/12.

39 Misc.3d 15 (2013)

963 N.Y.S.2d 505

2013 NY Slip Op 23068

IDEAL MEDICAL SUPPLY, as Assignee of Lee Cuffie, Respondent, v. MERCURY CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, First Department.

March 12, 2013.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury ( Albert J. Galatan of counsel), for appellant. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC, Garden City ( Steven J. Neuwirth of counsel), for respondent.

OPINION OF THE COURT

Per Curiam.

Order, entered April 17, 2012, affirmed, without costs.

A related Supreme Court action brought by the defendant insurer against various medical providers resulted in a declaration that defendant was entitled to deny all no-fault claims arising from injuries allegedly sustained by plaintiff's assignor (Cuffie) in the underlying July 2, 2008 motor vehicle accident. Since the plaintiff medical supplies provider was not...

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