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A & S MED SUPPLY v. MVAIC INS

2015-2286 KC.

62 Misc.3d 72 (2019)

92 N.Y.S.3d 529

2019 NY Slip Op 29019

A & S MEDICAL SUPPLY, INC., as Assignee of Abram Aranbayev, Respondent, v. MVAIC INS. Co., Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided January 11, 2019.

Attorney(s) appearing for the Case

Marshall & Marshall, PLLC (Naim M. Peress and Jeffrey Kadushin of counsel) for appellant.

Zara Javakov, P.C. (Zara Javakov of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

At the commencement of a nonjury trial in this action by a provider to recover assigned first-party no-fault benefits from Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC Ins. Co.), the parties stipulated that since...

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