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OCEAN IMAGING v. STATE FARM

5 Misc.3d 53 (2004)

785 N.Y.S.2d 269

OCEAN DIAGNOSTIC IMAGING P.C., as Assignee of JEAN BAPTISTE TURENNE and Another, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

September 17, 2004.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Bruno Gerbino & Macchia LLP, Melville, and Rivkin Radler LLP, Uniondale (Evan H. Krinick and Stuart M. Bodoff of counsel), for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously affirmed with $10 costs.

Plaintiff, a health care provider, seeking to recover assigned first-party no-fault benefits, established a prima facie entitlement to summary judgment by the submission of a complete proof of claim and the amount of the loss (see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 A.D.3d 742...

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