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MATTER OF ACUHEALTH ACUPUNCTURE, P.C. v. COUNTRY-WIDE INS. CO.

2017-03465, Index No. 3132/16.

176 A.D.3d 799 (2019)

110 N.Y.S.3d 154

2019 NY Slip Op 07245

In the Matter of Acuhealth Acupuncture, P.C., Respondent, v. Country-Wide Ins. Co., Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Jaffe & Koumourdas, LLP (Thomas Torto, New York, NY, of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn, NY (Stefan Belinfanti and David M. Gottlieb of counsel), for respondent.

Balkin, J.P., Roman, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for a determination of the amount of an additional attorney's fee to be awarded to the petitioner pursuant to Insurance Department Regulations (see 11 NYCRR 65-4.10[j][4]).

Acuhealth Acupuncture, P.C. (hereinafter Acuhealth), is the assignee of a claim for no-fault benefits for treatment it rendered to Massiel Olsen. After the carrier, Country-Wide...

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