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A.B. MED. SERVS. v. GEICO

12 Misc.3d 30 (2006)

816 N.Y.S.2d 821

A.B. MEDICAL SERVICES PLLC, as Assignee of IAN WILSON, Respondent, v. GEICO CASUALTY INSURANCE Co., Appellant.

Supreme Court, Appellate Term, Second Department.

April 6, 2006.

Attorney(s) appearing for the Case

Teresa M. Spina, Woodbury (Emilio A. Cacace of counsel), for appellant.

Amos Weinberg, Great Neck, for respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents 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 plaintiff partial summary judgment in the sum of $3,971.20 and matter remanded to the court below for the calculation of statutory interest and assessment of attorney's fees thereon and for all further proceedings on the remaining claim; as so modified, affirmed without...

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