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FAIR PRICE CORP. v. TRAVELERS

9 Misc.3d 76 (2005)

803 N.Y.S.2d 337

FAIR PRICE MEDICAL SUPPLY CORP., as Assignee of CESAR NIVELO, Appellant, v. TRAVELERS INDEMNITY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

August 11, 2005.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Moore & Associates, New York City (Hewson Chen of counsel), for respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order insofar as appealed from reversed without costs, plaintiff's motion for summary judgment granted in the principal sum of $1,628.98 and the matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees.

In this action seeking to recover assigned first-party no-fault benefits...

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