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HU-NAM-NAM v. NEW YORK INC CO

2014-2330 KC.

54 Misc.3d 43 (2016)

46 N.Y.S.3d 384

2016 NY Slip Op 26237

HU-NAM-NAM, as Assignee of Tomas Ocasio, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 20, 2016.

Attorney(s) appearing for the Case

Nightingale Law, P.C., Glen Cove (Michael S. Nightingale, of counsel), for appellant.

Law Offices of Melissa Betancourt, P.C., Brooklyn (Melissa Betancourt, of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, asserting that it had timely and properly denied plaintiff's claim based on improper billing. The claim form, which had been submitted to defendant...

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