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PRECISION v. TRAVELERS INS.

8 Misc.3d 435 (2005)

795 N.Y.S.2d 875

PRECISION DIAGNOSTIC IMAGING, P.C., as Assignee of OLGA PAPIROVA, Plaintiff, v. TRAVELERS INSURANCE CO., Defendant.

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

May 12, 2005.

Attorney(s) appearing for the Case

Moore & Associates, New York City (Michael L. Rappaport of counsel), for defendant.

Leon Kucherovsky, New York City (Matthew Viverito of counsel), for plaintiff.

OPINION OF THE COURT

ELLEN GESMER, J.

Plaintiff brings this action to recover $1,791.73 under the No-Fault Law for MRIs that it allegedly performed on its assignor, Olga Papirova. Defendant Travelers Insurance Company moves for summary judgment on the grounds that (1) plaintiff lacks standing to assert the claim because the doctor who performed the MRIs was an independent contractor on whose behalf the plaintiff...

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