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NEW CENTURY MED v. UTICA MUT

700614/12.

40 Misc.3d 788 (2013)

967 N.Y.S.2d 910

2013 NY Slip Op 23204

NEW CENTURY MEDICAL DIAGNOSTICS, P.C., as Assignee of Diana Raphael and Others, Plaintiff, v. UTICA MUTUAL INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, New York County.

Decided June 24, 2013.

Attorney(s) appearing for the Case

Dodge & Monroy, P.C., Melville, for defendant. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC, Garden City, for plaintiff.

OPINION OF THE COURT

JAMES E. D'AUGUSTE, J.

Defendant Utica Mutual Insurance Company seeks summary judgment dismissing plaintiff New Century Medical Diagnostics, P.C.'s no-fault benefits action.

The parties' submissions demonstrate that New Century timely submitted its claims and Utica timely denied the claims based upon New Century's failure to appear at two scheduled examinations under oath. Defaulting...

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