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STEPHEN FOGEL PSYCHOLOGICAL, P.C. v. PROGRESSIVE CASUALTY INSURANCE COMPANY

35 A.D.3d 720 (2006)

827 N.Y.S.2d 217

STEPHEN FOGEL PSYCHOLOGICAL, P.C., Respondent-Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendant, Progressive Casualty Insurance Company (hereinafter Progressive), denied the claim of the plaintiff, Stephen Fogel Psychological, P.C. (hereinafter Fogel), as assignee of Kim Choy Chong (hereinafter Kim), for no-fault benefits on the ground that Kim had failed to appear for independent medical examinations...

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