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NEW MILLENNIUM MED. v. GEICO

2020-96 K C.

76 Misc.3d 31 (2022)

175 N.Y.S.3d 421

2022 NY Slip Op 22300

NEW MILLENNIUM MEDICAL IMAGING, P.C., as Assignee of Shomari Neysmith, Respondent, v. GEICO, Appellant.

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

Decided September 23, 2022.

Attorney(s) appearing for the Case

Law Office of Goldstein, Flecker & Hopkins (Lawrence J. Chanice of counsel) for appellant.

Law Office of Damin J. Toell, P.C. (Damin J. Toell of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by its notice of appeal, from so much of an order of the Civil Court as denied defendant's motion which had sought to dismiss the complaint, pursuant to CPLR 3211(a)(5), on the ground that the action is barred by the statute of...

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