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VAL. MEDICINE v. NY MUT. INS.

193 Misc.2d 675 (2002)

753 N.Y.S.2d 289

VALLEY PHYSICAL MEDICINE AND REHABILITATION P.C., as Assignee of LEWIS LATTARI, Appellant, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

October 10, 2002.

Attorney(s) appearing for the Case

Friedman & Harfenist, Lake Success (Steven J. Harfenist and Neil Torczyner of counsel), for appellant.

Short & Billy, P.C., New York City (Skip Short and Patrice Sorbono of counsel), for respondent.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from unanimously affirmed with $10 costs.

In this action to recover first-party no-fault benefits, defendant's verified answer alleged six affirmative defenses asserting various improprieties in the manner plaintiff was conducting its business, including that the corporation, formed by a Dr. Lahiri, did not provide medical services, and...

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