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SEA SIDE MED v. STATE FARM

12 Misc.3d 1127 (2006)

819 N.Y.S.2d 819

SEA SIDE MEDICAL, P.C., as Assignee of SANDRA BOND and Another, Plaintiff, v. STATE FARM MUTUAL AUTO INS. CO., Defendant.

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

June 22, 2006.

Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, Mineola, for plaintiff.

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

OPINION OF THE COURT

PETER P. SWEENEY, J.

This action to recover first-party no-fault benefits presents a novel issue. After receiving each of the disputed claims, defendant made timely requests for additional verification thereby tolling the 30-day period in which it had to pay or deny the claims. When plaintiff did not provide the verification, defendant made an additional request for the verification...

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