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AB MED v. LUMBERMENS CAS CO.

4 Misc.3d 86 (2004)

781 N.Y.S.2d 818

A.B. MEDICAL SERVICES PLLC, as Assignee of FRANZY BOLIERE, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

May 26, 2004.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Lawrence N. Rogak LLC, Oceanside, for respondent.

PESCE, P.J., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

Memorandum.

Order unanimously modified by granting plaintiff's motion for summary judgment and matter is remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees; as so modified, affirmed without costs.

Plaintiff commenced this action to recover $4,749.82 in first-party no-fault benefits, as well as statutory interest and attorney's fees...

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