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A.B. MED v. UTICA MUT INS CO.

11 Misc.3d 71 (2006)

813 N.Y.S.2d 845

A.B. MEDICAL SERVICES PLLC et al., as Assignees of JULIO CHAVARRIA, Respondents, v. UTICA MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

February 17, 2006.

Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville (Charles W. Benton of counsel), for appellant.

Amos Weinberg, Great Neck, for respondents.

GOLIA, J., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed with $10 costs, order entered August 18, 2004 vacated, plaintiffs' motion for partial summary judgment denied and defendant's cross motion granted to the extent of ordering a hearing to determine plaintiffs' compliance with Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1a and, in the event plaintiffs' complaint is not stricken following...

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