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ART OF HEALING MEDICINE, P.C. v. ALLSTATE INS. CO.

2014-2501 QC.

54 Misc.3d 46 (2016)

47 N.Y.S.3d 210

2016 NY Slip Op 26387

ART OF HEALING MEDICINE, P.C., as Assignee of James Dorsainvil, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided November 17, 2016.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn (Damin J. Toell of counsel), for appellant.

Peter C. Merani, P.C., New York City (Eric M. Wahrburg of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that the insurance policy...

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