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FOSTER IMAGING v. GEN. ASSUR.

10 Misc.3d 428 (2005)

802 N.Y.S.2d 608

FOSTER DIAGNOSTIC IMAGING, P.C., as Assignee of CORRENA GOSINE, Plaintiff, v. GENERAL ASSURANCE COMPANY, Defendant. (And Another Action.)

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

October 17, 2005.

Attorney(s) appearing for the Case

Asher & Associates (Damien Semel-Defeo of counsel), for plaintiffs.

Jeena R. Belil (Helene V. McClure of counsel), for defendant.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

These two actions for first-party no-fault benefits raise similar issues arising from the insurer's denial of the claims because of the respective assignors' failure to appear for preclaim medical examinations. In action No. 1, Foster Diagnostic Imaging, P.C. seeks payment of a bill for $902.28 for an MRI of the cervical spine of its assignor, Correna Gosine. In...

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