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ALLEVIATION MED v. ALLSTATE

2015-1847 QC.

55 Misc.3d 44 (2017)

2017 NY Slip Op 27097

49 N.Y.S.3d 814

ALLEVIATION MEDICAL SERVICES, P.C., as Assignee of Ali Al Rahabi, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided March 29, 2017.

Attorney(s) appearing for the Case

Peter C. Merani, P.C. ( Brian Kratenstein of counsel) for appellant.

Gary Tsirelman, P.C. ( Irena Golodkeyer of counsel) for respondent.

SOLOMON, J.P., PESCE and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, it is undisputed that defendant denied plaintiff's claim on May 10, 2011 on the ground of lack of medical necessity. In May 2014, defendant moved for summary judgment dismissing the complaint on the ground that the amount of available...

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