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DONDYSH v. LUMBERMANS INS CO.

168 Misc.2d 121 (1996)

645 N.Y.S.2d 388

Leon Dondysh, as Assignee of Sherman James, Appellant, v. Lumbermans Mutual Insurance Company, Respondent.

Supreme Court, Appellate Term, Second Department.

February 29, 1996

Attorney(s) appearing for the Case

Israel & Israel, Great Neck, for appellant. Richard J. Baldwin, Hauppauge, for respondent.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Judgment unanimously modified by vacating the award to plaintiff and remanding the matter to the court below for entry of judgment in accordance with the opinion herein, and, as so modified, affirmed with $10 costs to plaintiff.

In this action to recover no-fault first-party benefits, interest and counsel fees, the tender of payment by defendant, in an amount less than requested, was accepted by plaintiff after the

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