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SUNNYSIDE PLUS v. ALLSTATE

8 Misc.3d 306 (2005)

792 N.Y.S.2d 838

SUNNYSIDE PLUS, INC., as Assignee of Rene Attias, Plaintiff, v. ALLSTATE INSURANCE CO., Defendant.

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

March 21, 2005.

Attorney(s) appearing for the Case

Baker & Barshay, LLP (David Barshay of counsel), for plaintiff.

Robert P. Tusa (Julie Jassem of counsel), for defendant.

OPINION OF THE COURT

GERALD J. DUNBAR, J.

Plaintiff, medical supplies provider Sunnyside Plus, Inc., assignee of Rene Attias, instituted this action pursuant to Insurance Law § 5106 to recover first-party no-fault benefits from defendant insurer Allstate. Plaintiff Sunnyside was denied payment for medical supplies furnished to the assignor Rene Attias, pursuant to a prescription for said supplies issued by...

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