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PSYCH. THERAPY v. PROGRESSIVE

5 Misc.3d 723 (2004)

789 N.Y.S.2d 661

PSYCH. & MASSAGE THERAPY ASSOC., PLLC, as Assignee of KENDRA HARRELL, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE CO., Defendant.

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

November 4, 2004.

Attorney(s) appearing for the Case

Freiberg & Peck, New York City, for defendant.

Baker & Barshay, Hauppauge, for plaintiff.

OPINION OF THE COURT

AUGUSTUS C. AGATE, J.

Plaintiff brought suit to recover payment under the no-fault regulations for medical services it provided to its assignor, an insured of defendant. Defendant moved for summary judgment pursuant to CPLR 3212, arguing that plaintiff's failure to comply with defendant's verification requests made the commencement of this action premature. Plaintiff opposed defendant's motion...

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