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FAIR PRICE MED. CORP. v. ELRAC

13 Misc.3d 33 (2006)

827 N.Y.S.2d 407

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

Supreme Court, Appellate Term, Second Department.

August 17, 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 respondents.

GOLIA, J.P., RIOS and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal dismissed as academic.

In 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, in the alternative, to strike plaintiff's complaint and dismiss...

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