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SIEGEL v. PROGRESSIVE INS. CO.

6 Misc.3d 888 (2004)

787 N.Y.S.2d 856

IRA SIEGEL, M.D., as Assignee of MELVIN REYES, Plaintiff, v. PROGRESSIVE CASUALTY INS. CO., Defendant.

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

December 21, 2004.

Attorney(s) appearing for the Case

Baker, Barshay & Neuwirth, Hauppauge (Robert J. Baker of counsel), for plaintiff.

Carmen Callahan & Ingham, Farmingdale (Kerry-Ann Davidson of counsel), for defendant.

OPINION OF THE COURT

ELLEN GESMER, J.

This case presents squarely the question of whether an assignment is an essential element of a claim for first-party no-fault benefits, and whether the failure to include it is a waivable defect. For the reasons set forth below, the court holds that an assignment is an essential element of a claim for no-fault benefits, which cannot be waived.

In this action, the verified...

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