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BRONX ACUPUNCTURE THERAPY, P.C. v. HEREFORD INS. CO.

2018-00535. Index No. 43955/13.

175 A.D.3d 455 (2019)

106 N.Y.S.3d 395

2019 NY Slip Op 06059

Bronx Acupuncture Therapy, P.C., as Assignee of Dulce Baez, Respondent, v. Hereford Ins. Co., Appellant.

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

Decided August 7, 2019.

Ordered that the order dated October 27, 2017, is affirmed, with costs.

The plaintiff commenced this action in the Civil Court of the City of New York, Kings County, to recover the sum of $727.36, the cost of the unpaid services rendered to its assignor, Dulce Baez. The defendant answered the complaint and asserted as a fourth affirmative defense that "[a]n unlisted modality has been billed" for which "[d]ocumentation of the type of modality, a description of services...

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