DAN MED P.C. v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO.


14 Misc.3d 44 (2006)

829 N.Y.S.2d 404

DAN MEDICAL, P.C., as Assignee of RENEE DYETTE, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Appellant.

Supreme Court, Appellate Term, Second Department.

December 1, 2006


Attorney(s) appearing for the Case

Cambio, Votto, Cassata & Gullo, LLP, Staten Island (Michael Gullo, Junmin Zou and Michelle Titone of counsel), for appellant.

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

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, plaintiff's motion for summary judgment denied, and matter remanded to the court below for a determination de novo of defendant's cross motion.

In this action by a health care provider to recover assigned first-party no-fault benefits, plaintiff's motion for summary judgment was supported by an affirmation from plaintiff's counsel, an...

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