DIAGNOSTIC REHAB v. TRAVELERS


6 Misc.3d 68 (2004)

792 N.Y.S.2d 288

DIAGNOSTIC REHAB. MEDICINE SERV. P.C., as Assignee of IRIS MAZARIEGOS, Appellant, v. TRAVELERS INDEMNITY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

December 10, 2004.


Attorney(s) appearing for the Case

Israel, Israel & Purdy LLP, Great Neck (William M. Purdy of counsel), for appellant.

Moore & Associates, New York City, and Carol R. Finocchio, New York City (Lisa M. Comeau of counsel), for respondent.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.


OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and defendant's motion to dismiss the complaint denied.

In this action to recover assigned no-fault benefits, the purported assignment form is signed by the claimant but does not designate a named assignee. However, defendant insurer, having failed to seek additional verification or allege any deficiency in the assignment in...

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