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ROCKAWAY BLVD. v. PROGRESSIVE

4 Misc.3d 444 (2004)

778 N.Y.S.2d 664

ROCKAWAY BOULEVARD MEDICAL P.C., Doing Business as QUEENS DIAGNOSTIC CENTER, et al., Plaintiffs, v. PROGRESSIVE INSURANCE, Defendant.

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

June 2, 2004.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck (Samuel S. Marcus of counsel), for plaintiffs.

Freiberg & Peck, New York City (Meredith Gursky of counsel), for defendant.

OPINION OF THE COURT

EDGAR G. WALKER, J.

In this action to recover unpaid benefits claimed to be due for medical services allegedly rendered to its assignor, plaintiff* has moved for summary judgment. In support of the motion plaintiff has annexed, inter alia, the claim form it submitted to the defendant which it claims was neither timely paid nor denied. Defendant, in opposition, claims...

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