ALLSTATE INS. CO. v. BUFFALO NEUROSURGERY GROUP

2017-01153, Index No. 605379/15.

172 A.D.3d 967 (2019)

101 N.Y.S.3d 359

2019 NY Slip Op 03749

Allstate Insurance Company, Appellant, v. Buffalo Neurosurgery Group, as Assignee of Christopher Krull, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2019.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on so much of the complaint as, in effect, sought a determination that the amount of no-fault insurance benefits sought by the defendant was not in accordance with the workers' compensation fee schedule, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof...

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