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JCC MED PC v. INFINITY GROUP

2015-875 QC.

58 Misc.3d 53 (2016)

67 N.Y.S.3d 754

2016 NY Slip Op 26439

JCC MEDICAL, P.C., as Assignee of Alou Ba, Appellant, v. INFINITY GROUP, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 16, 2016.

Attorney(s) appearing for the Case

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

Freiberg, Peck & Kang, LLP, Armonk (Yilo J. Kang of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that, upon the application of Georgia law, the automobile insurance policy had been rescinded ab initio, and, thus, there was no coverage...

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