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BOAI ZHONG YI ACUPUNCTURE SERVICES P.C. v. PROGRESSIVE CASUALTY INSURANCE CO.

14 Misc.3d 34 (2006)

827 N.Y.S.2d 412

BOAI ZHONG YI ACUPUNCTURE SERVICES P.C., as Assignee of MYKHAYLO PISTSOV, Appellant, v. PROGRESSIVE CASUALTY INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

November 28, 2006

Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, plaintiff's motion for summary judgment granted, defendant's cross motion for summary judgment denied, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.

In this action to recover first-party no-fault benefits for health care services provided its assignor, plaintiff established a prima facie entitlement to summary judgment...

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