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HERMAN v. STATE FARM INS. CO.

167 Misc.2d 136 (1995)

639 N.Y.S.2d 646

Michael R. Herman, as Assignee of Thomas Pellegrino, et al., Plaintiffs, v. State Farm Insurance Company, Defendant.

Civil Court of the City of New York, Queens County.

December 13, 1995

Attorney(s) appearing for the Case

Serpe, Feinbloom, Andree & Kaufman, Huntington (Jonathan H. Kaufman of counsel), for defendant. Karp, Silver & Glickenhouse, Far Rockaway (Philip Floumanhaft of counsel), for plaintiffs.

BERNARD S. GREENBAUM, J.

Plaintiffs commenced this action setting forth three causes of action: by the assignee (1) to recover for unpaid no-fault medical benefits; (2) an account stated for the amount of such unpaid benefits; and by the plaintiff law firm (3) to recover attorneys' fees.

Defendant now moves: (1) to dismiss the first and second causes of action based on CPLR 3211 (a) (8), in that the...

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