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FAIR PRICE MED CORP. v. ELRAC

12 Misc.3d 119 (2006)

820 N.Y.S.2d 679

FAIR PRICE MEDICAL SUPPLY CORP., as Assignee of NATALIE GRAHAM, Appellant, v. ELRAC INC. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

July 3, 2006.

Attorney(s) appearing for the Case

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

Meiselman, Denlea, Packman Carton & Eberz, P.C., White Plains (James G. Eberz of counsel), for respondent.

RIOS and BELEN, JJ., concur; GOLIA, J.P., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

Plaintiff commenced this action to recover assigned first-party no-fault benefits for medical supplies furnished to its assignor. Plaintiff moved for summary judgment and defendants cross-moved to compel plaintiff to produce outstanding discovery and to appear for an examination before trial, or to strike plaintiff's complaint and dismiss...

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