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A.B. MED. SERVS. v. PEERLESS

13 Misc.3d 25 (2006)

822 N.Y.S.2d 223

A.B. MEDICAL SERVICES PLLC et al., as Assignee of JONATHAN CARRION, Appellants, v. PEERLESS INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

July 26, 2006.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellants.

Carman Callahan & Ingham, LLP, Farmingdale (Paul A. Barrett of counsel), for respondent.

PESCE, P.J., and WESTON PATTERSON, J., concur. GOLIA, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Appeal as taken by plaintiff Lvov Acupuncture P.C. dismissed.

Order modified by granting so much of the motion as sought summary judgment on behalf of plaintiffs A.B. Medical Services PLLC and D.A.V. Chiropractic P.C. to the extent of awarding partial summary judgment to plaintiff D.A.V. Chiropractic P.C. in the principal sum of $370.70 and awarding summary judgment...

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