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AB MED v. COMMERCIAL MUT INS

12 Misc.3d 8 (2006)

820 N.Y.S.2d 378

A.B. MEDICAL SERVICES PLLC et al., as Assignees of YEVGENYA IOFFE, Appellants, v. COMMERCIAL MUTUAL INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

March 27, 2006.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellants.

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

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

In this action to recover first-party no-fault benefits for medical services rendered to their assignors, plaintiffs moved for partial summary judgment in the sum of $5,460.79. On appeal, plaintiffs have limited their claim to the sum of $5,427.09. Plaintiffs established a prima facie entitlement to summary judgment...

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