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ABC MED. MGT. v. GEICO INS.

3 Misc.3d 181 (2003)

770 N.Y.S.2d 610

ABC MEDICAL MANAGEMENT, INC., as Assignee of NARMY VELEZ, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Queens County.

December 23, 2003.

Attorney(s) appearing for the Case

Teresa M. Spina, Woodbury (Marina O'Leary of counsel), for defendant.

Glinkenhouse, Floumanhaft & Queen, Cedarhurst (Philip S. Floumanhaft of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The legal issue of first impression raised by this case is whether a plaintiff-assignee medical equipment supplier can recover no-fault first-party benefits where the prescription for such supplies was written by a chiropractor, and not a physician.

On May 16, 1999, Velez was injured in an automobile accident.1 The next day, Velez consulted...

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