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PARK HEALTH v. LIBERTY INS.

191 Misc.2d 91 (2001)

740 N.Y.S.2d 551

PARK HEALTH CENTER, as Assignee of SHIRLEY MALCOLM, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

December 6, 2001.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale (Michael M. Burkart of counsel), for respondent.

SCHOLNICK, P.J., ARONIN and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously affirmed without costs.

In our opinion, the plaintiff's motion for summary judgment was properly denied. The issue presented is whether plaintiff is entitled to recover for medical services provided prior to the plaintiff's assignor's failure to appear for two scheduled independent medical examinations requested by defendant...

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