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VIVIANE MED. v. COUNTRY-WIDE

No. 75

25 N.Y.3d 498 (2015)

35 N.E.3d 451

14 N.Y.S.3d 283

2015 NY Slip Op 04787

VIVIANE ETIENNE MEDICAL CARE, P.C., as Assignee of Alem Cardenas, Respondent, v. COUNTRY-WIDE INS. CO., Appellant.

Court of Appeals of New York.

Decided June 10, 2015.

Attorney(s) appearing for the Case

Thomas A. Torto , New York City, and Jaffe & Koumourdas, LLP, New York City, for appellant.

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

Short & Billy, PC, New York City ( Gregory Guido and Skip Short of counsel), for American Transit Insurance Company and others, amici curiae.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA and FAHEY concur; Judge STEIN dissents in an opinion in which Judge READ concurs.

OPINION OF THE COURT

This appeal requires us to determine what proof a plaintiff medical provider must advance to make a prima facie showing of entitlement to summary judgment in a no-fault insurance action. We hold that a plaintiff demonstrates prima facie entitlement...

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