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QUEENS BLVD MED v. TRAVELERS

3 Misc.3d 643 (2004)

775 N.Y.S.2d 481

QUEENS BLVD. MEDICAL, P.C., as Assignee of ZINAIDA ILYAVE, Plaintiff, v. TRAVELERS INDEMNITY COMPANY, Defendant.

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

April 5, 2004.

Attorney(s) appearing for the Case

Israel, Israel & Purdy, Great Neck (Veronica Renta Irwin of counsel), for plaintiff.

Peter J. Creedon & Assoc., Melville, for defendant.

OPINION OF THE COURT

TIMOTHY J. DUFFICY, J.

During this jury trial to recover $950 in first-party no-fault benefits for medical services rendered to its assignor, plaintiff moved for a directed verdict. The only issue at trial was whether the services rendered were medically necessary as defined by Insurance Law § 5102 (a) (1). Plaintiffs' motion for a directed verdict is granted because plaintiff made out...

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