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CHAPA PRODS. CORP. v. MVAIC

2017-1615 K C.

66 Misc.3d 16 (2019)

114 N.Y.S.3d 177

2019 NY Slip Op 29341

CHAPA PRODUCTS CORP., as Assignee of Emmanuel Vidal, Appellant, v. MVAIC, Respondent.

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

Decided November 1, 2019.

Attorney(s) appearing for the Case

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

Marshall & Marshall, PLLC (Jeffrey Kadushin and Frank D'Esposito of counsel) for respondent.

PESCE, P.J., and SIEGAL, J., concur; WESTON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint with prejudice is denied and, upon searching the record, the complaint is dismissed without prejudice; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff...

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