Defendants move for summary judgment dismissing the complaint on the ground that plaintiff may not maintain this action because it is in violation of Insurance Law § 5108 and 11 NYCRR 68.4.
The following facts are not in dispute: Defendant Edward Upton was injured in a motor vehicle accident on January 4, 1993. On or about March 8, 1994, plaintiff, an orthopedic surgeon, performed a laminectomy on defendant's cervical...
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