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NIR v. ALLSTATE INS. CO.

7 Misc.3d 544 (2005)

796 N.Y.S.2d 857

JACOB NIR, M.D., as Assignee of JOSAPPHAT ETIENNE, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

February 28, 2005.

Attorney(s) appearing for the Case

Israel, Israel & Purdy, LLP (Scott H. Fisher of counsel), for plaintiff.

Robert P. Tusa (Josephine M. Celano of counsel), for defendant.

OPINION OF THE COURT

MILAGROS A. MATOS, J.

Facts

Plaintiff medical provider Dr. Jacob Nir, assignee of Josapphat Etienne, instituted this action to recover first-party no-fault benefits from defendant insurer Allstate. Dr. Nir, a neurologist, was denied payment by the insurer for diagnostic testing he performed on the patient/insured Josapphat Etienne. The patient was injured in an automobile...

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