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METROSCAN IMAGING v. GEICO

13 Misc.3d 35 (2006)

823 N.Y.S.2d 818

METROSCAN IMAGING, P.C., as Assignee of BARBARA MOLINA and Others, Appellant, v. GEICO INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

July 26, 2006.

Attorney(s) appearing for the Case

Baker, Barshay & Neuwirth, LLP, Mineola (David M. Barshay and Michael C. Rosenberger of counsel), for appellant.

Cadwalader, Wickersham & Taft LLP, New York City (William J. Natbony of counsel), and Stern & Montana LLP, New York City (Robert Stern of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, affirmed without costs.

This appeal raises the question of whether, as a result of the Court of Appeals decision in State Farm Mut. Auto. Ins. Co. v Mallela (4 N.Y.3d 313 [2005]), a medical corporation that was fraudulently incorporated under Business Corporation Law §§ 1507 and 1508...

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