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WEBSTER DIAGNOSTIC MEDICINE, P.C. v. STATE FARM INSURANCE COMPANY

15 Misc.3d 97 (2007)

838 N.Y.S.2d 343

WEBSTER DIAGNOSTIC MEDICINE, P.C., as Assignee of HRSAN WEBSTER, Respondent, v. STATE FARM INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

March 28, 2007.

Attorney(s) appearing for the Case

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

McCABE, J.P., TANENBAUM and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment predicated on the lack of coverage, i.e., that the assignor's injuries, if any, did not arise from the underlying traffic incident, and, if they did, the incident was staged to defraud defendant. After the court (Norman...

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