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OCEAN IMAGING v. LANCER INS.

6 Misc.3d 62 (2004)

791 N.Y.S.2d 267

OCEAN DIAGNOSTIC IMAGING, P.C., as Assignee of YELENA YEGOROVA, Respondent, v. LANCER INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

December 8, 2004.

Attorney(s) appearing for the Case

June D. Reiter, Garden City, for appellant.

Amos Weinberg, Great Neck, for respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

Plaintiff health care provider made out a prima facie showing of entitlement to recover no-fault benefits for services rendered to its assignor by the submission of proof that the statutory claim forms had been mailed and received, and that defendant did not pay or deny the claims within the prescribed 30-day period (see Insurance...

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