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J.K.M. MED v. AMERIPRISE INS

2014-1219 KC.

54 Misc.3d 54 (2016)

47 N.Y.S.3d 625

2016 NY Slip Op 26424

J.K.M. MEDICAL CARE, P.C., as Assignee of Latoya Payne, Appellant, v. AMERIPRISE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 7, 2016.

Attorney(s) appearing for the Case

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

Bruno, Gerbino & Soriano, LLP, Melville (Mitchell L. Kaufman 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 denied.

Plaintiff commenced this action on May 6, 2013 to recover assigned first-party no-fault benefits for medical services that it had provided as a result of a motor vehicle accident that had occurred on May 5, 2011. The injured party, Latoya Payne, signed an assignment of benefits to plaintiff...

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