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KING'S MED SUPPLY v. HEREFORD

5 Misc.3d 55 (2004)

785 N.Y.S.2d 270

KING'S MEDICAL SUPPLY, INC., as Assignee of AZNIZ KEGEYAN, Appellant, v. HEREFORD INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

September 20, 2004.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Eric H. West, Long Island City, for respondent.

McCABE, P.J., COVELLO and TANENBAUM, JJ.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

Plaintiff commenced this action to recover first-party no-fault benefits for medical supplies provided to its assignor. Thereafter, plaintiff moved for summary judgment in the amount of $980, which motion was denied by order entered September 10, 2003.

Contrary to the determination of the court below, plaintiff's billing manager did not have to allege in his supporting...

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