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A.B. MED SERVS v. UTICA INS.

10 Misc.3d 50 (2005)

809 N.Y.S.2d 765

A.B. MEDICAL SERVICES PLLC et al., as Assignee of SAHARA ABBOTT, Appellants, v. UTICA MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

October 21, 2005.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellants.

Bruno Gerbino & Macchia LLP, Melville (Charles W. Benton of counsel), for respondent.

PESCE, P.J., and PATTERSON, J., concur; GOLIA, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from modified by granting plaintiff A.B. Medical Services PLLC partial summary judgment in the sum of $6,765.47, plaintiff D.A.V. Chiropractic P.C. partial summary judgment in the sum of $593.94, and plaintiff Lvov Acupuncture P.C. partial summary judgment in the sum of $1,690.56, and as to those sums, the matter is remanded to the court below for...

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