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VITALITY CHIROPRACTIC, P.C. v. KEMPER INSURANCE CO.

14 Misc.3d 94 (2006)

831 N.Y.S.2d 637

VITALITY CHIROPRACTIC, P.C., as Assignee of SPARTAK KARASEV, Appellant, v. KEMPER INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

December 11, 2006.

Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Romagnolo & Cambio, LLP, Staten Island (Michael Gullo of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order modified by providing that plaintiff's motion for summary judgment is granted to the extent of awarding it partial summary judgment in the principal sum of $357.94, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees thereon, and for all further proceedings on plaintiff's remaining claims; as so modified...

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