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OCEAN IMAGING v. STATE FARM

5 Misc.3d 563 (2004)

785 N.Y.S.2d 652

OCEAN DIAGNOSTIC IMAGING P.C., as Assignee of DOMINIQUE MIXOU, Plaintiff, v STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant.

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

September 24, 2004.

Attorney(s) appearing for the Case

Amos Weinberg for plaintiff.

Melli, Guerin & Melli (Matthew J. Smith of counsel), for defendant.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

Plaintiff, a medical provider that is seeking first-party benefits pursuant to New York's No-Fault Insurance Law, has moved for summary judgment based on defendant insurer's failure to pay or deny plaintiff's claim within the statutory 30-day period following submission of said claim.

Defendant is opposing the motion for summary judgment by asserting that it is...

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