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A&S MED. v. ALLSTATE INS. CO.

196 Misc.2d 322 (2003)

764 N.Y.S.2d 767

A&S MEDICAL, P.C., as Assignee of REYNA MARTINEZ, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, First Department.

June 18, 2003.

Attorney(s) appearing for the Case

Israel & Israel, LLP, Great Neck (Veronica Renta Irwin of counsel), for appellant.

Marshall & Marshall, Jericho (Richard Steigman of counsel), for respondent.

SUAREZ, P.J., and SCHOENFELD, J., concur; McCOOE, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order entered October 24, 2001 reversed, with $10 costs, plaintiff's motion for summary judgment is granted, and the matter is remitted to Civil Court for (1) the assessment of appropriate attorney's fees pursuant to Insurance Law § 5106 (a) and the regulations promulgated thereunder, and (2) the entry of a judgment in favor of plaintiff and against defendant in the principal...

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