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CAREPLUS MED v. STATE-WIDE

11 Misc.3d 29 (2005)

812 N.Y.S.2d 736

CAREPLUS MEDICAL SUPPLY INC., as Assignee of WILLIAM RIVERA, Appellant, v. STATE-WIDE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

December 15, 2005.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Ronald I. Lemberger, Hempstead (Wesley R. Mead of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs, plaintiff's motion for summary judgment granted and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees.

In this action to recover first-party no-fault benefits for medical supplies furnished to its assignor, plaintiff established a prima facie entitlement to summary...

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