Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, it is declared that the plaintiff is not entitled to a de novo adjudication of the no-fault claim in question pursuant to Insurance Law § 5106 (c), the matter is remitted to the Supreme Court, Queens County, for a determination of the amount of counsel fees to be awarded to the defendant, and the complaint is otherwise dismissed.
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