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A.B. MED. v. COUNTRYWIDE INS.

10 Misc.3d 249 (2005)

805 N.Y.S.2d 804

A.B. MEDICAL SERVICES PLLC et al., as Assignees of NELSON VARGAS, Plaintiffs, v. COUNTRYWIDE INSURANCE COMPANY, Defendant.

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

October 3, 2005.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for plaintiffs.

Jaffe & Nohavicka, New York City, for defendant.

OPINION OF THE COURT

PETER P. SWEENEY, J.

In this action to recover assigned first-party no-fault benefits, the novel issue presented is whether it is appropriate to grant leave to a plaintiff billing provider to amend a fatally defective proof of claim once the action to recover on the claim has been commenced. For the reasons set forth below, the court concludes such a motion should be denied.

Factual...

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