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E. COAST MED. v. STATE FARM

11 Misc.3d 732 (2006)

813 N.Y.S.2d 881

EAST COAST MEDICAL CARE, PC., as Assignee of SHAWN BILLUPS, Plaintiff, v. STATE FARM MUTUAL AUTO. INS. CO., Defendant.

Civil Court of the City of New York, Kings County.

February 8, 2006.

Attorney(s) appearing for the Case

Baker, Strauss, Barshay & Grossman for plaintiff.

Rubin & Fiorella, LLP, for defendant.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

This matter presents an issue of first impression with respect to civil procedure in New York. The question concerns the ability of a court to declare a mistrial sua sponte over a party's objections when it becomes impossible for the trial judge at a bench trial to continue hearing the matter.

The instant action was commenced as a first-party claim for benefits...

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