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CRANIOFACIAL v. NY CENT. INS.

186 Misc.2d 309 (2000)

718 N.Y.S.2d 130

CRANIOFACIAL PAIN MANAGEMENT, as Assignee Of NOEMI RIVERA, Plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Defendant.

Civil Court, Queens County.

October 2, 2000.

Attorney(s) appearing for the Case

Jacobson & Schwartz, Rockville Centre (David M. Barshav of counsel), for defendant.

Silver, Glinkenhouse, Flomenhaft & Queen, Far Rockaway (Philip S. Flomenhaft of counsel), for plaintiff.

OPINION OF THE COURT

KEVIN J. KERRIGAN, J.

Defendant's motion is granted to the extent that the branch of the motion to amend its answer to add the affirmative defense of lack of standing based upon an invalid assignment is granted. However, the branch of the motion which seeks dismissal of the action based upon the affirmative defense is denied.

The assignment states that in consideration of services...

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