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HEALING HANDS v. NATIONWIDE

5 Misc.3d 975 (2004)

787 N.Y.S.2d 645

HEALING HANDS CHIROPRACTIC, P.C., as Assignee of CLEEFORD FRANKLIN, Plaintiff, v. NATIONWIDE ASSURANCE COMPANY, Defendant.

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

December 1, 2004.

Attorney(s) appearing for the Case

Leon Kucherovsky, New York City, for plaintiff.

McDonald Carroll Cohen & Rayhill, New York City (Thomas J. Reilly of counsel), for defendant.

OPINION OF THE COURT

CYNTHIA S. KERN, J.

Plaintiff has brought the present action to recover first-party no-fault benefits from defendant insurance company for current perception threshold testing it performed on its assignor after its assignor was involved in a motor vehicle accident. After plaintiff submitted a claim for reimbursement to defendant, defendant timely denied the claim on the ground that the services

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