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REHAB. CARE v. TRAVELERS INS.

188 Misc.2d 176 (2001)

727 N.Y.S.2d 247

REHAB. MEDICAL CARE OF NEW YORK, P. C., as Assignee of DOR VANIA, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

February 1, 2001.

Attorney(s) appearing for the Case

Israel & Israel, L. L. P., Great Neck (William M. Purdy of counsel), for appellant.

Peter J. Creedon & Associates, Garden City (Jenny Andreadis and James J. Toomey, Jr., of counsel), for respondent.

SCHOLNICK, P. J., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs and a new trial ordered.

This is an action by a medical provider to recover no-fault benefits for medical services performed on the insured. The insured assigned her claim to the plaintiff. The assignment provides as follows:

"In consideration of services rendered or to be rendered, I hereby assign to the provider of...

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