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BUCHINGER v. GUARDIAN LIFE

191 Misc.2d 73 (2002)

741 N.Y.S.2d 828

GEORGE BUCHINGER, Appellant, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court, Appellate Term, Second Department.

January 23, 2002.

Attorney(s) appearing for the Case

Aaron M. Feinberg, Brooklyn, for appellant.

Brian L. Greben, New York City, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs, defendant's motion to dismiss the complaint denied and plaintiff's cross motion for summary judgment granted awarding plaintiff the sum of $2.31 with interest from September 28, 1999.

After defendant Guardian Life Insurance Company of America (hereinafter Guardian), plaintiff's health insurer, denied certain medical claims submitted...

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