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VISTA SUPPLIES v. UTICA MUT.

7 Misc.3d 833 (2005)

795 N.Y.S.2d 853

VISTA SURGICAL SUPPLIES, INC., as Assignee of JULIAN ROSARIO, Plaintiff, v. UTICA MUTUAL INSURANCE CO., Defendant.

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

March 10, 2005.

Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn, for plaintiff.

Bruno, Gerbino & Soriano LLP, Melville, for defendant.

OPINION OF THE COURT

ARLENE P. BLUTH, J.

Plaintiff moves for summary judgment pursuant to CPLR 3212. For the following reasons, the plaintiff's motion is denied.

In this action, plaintiff Vista Surgical Supplies, Inc. seeks to recover first-party no-fault benefits in the amount of $1,282, plus statutory fees, interest, costs, and attorneys' fees, for medical supplies it allegedly furnished to plaintiff...

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