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FOGEL, PC v. PROGRESSIVE INS.

7 Misc.3d 18 (2004)

793 N.Y.S.2d 661

STEPHEN FOGEL PSYCHOLOGICAL, P.C., as Assignee of KIM CHOY CHONG, Respondent, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

December 22, 2004.

Attorney(s) appearing for the Case

Freiberg & Peck, LLP, New York City (Yilo J. Kang of counsel), for appellant.

Baker & Barshay, LLP, Hauppauge (David M. Barshay of counsel), for respondent.

ARONIN, J.P., and PATTERSON, J., concur; GOLIA, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order modified by deleting the portion of the order which granted plaintiff summary judgment; as so modified, affirmed without costs.

In this action to recover $969.61 in assigned first-party no-fault benefits, defendant insurer denied plaintiff health provider's claim on the ground that the eligible injured person failed to appear for independent medical examinations (IMEs) which defendant scheduled before plaintiff...

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