ADVANTAGE v. NATIONWIDE MUT.

NO. 2015-2123SC

55 Misc.3d 91 (2017)

53 N.Y.S.3d 452

2017 NY Slip Op 27061

ADVANTAGE RADIOLOGY, P.C., as Assignee of Sofia Dana, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 15, 2017.


Attorney(s) appearing for the Case

Gabriel & Shapiro LLC, Wantagh ( Jason Moroff and Steven F. Palumbo of counsel), for appellant.

Gialleonardo, McDonald & Turchetti, New York City ( Kevon Lewis of counsel), for respondent.

MARANO, P.J., GARGUILO and BRANDS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the District Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.

It is undisputed that...

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