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BRONX RADIOLOGY, P.C. v. NEW YORK CENTRAL MUTUAL FIRE INS. CO.

17 Misc.3d 97 (2007)

847 N.Y.S.2d 313

BRONX RADIOLOGY, P.C., as Assignee of MAHAMDOU HYDARA, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Appellant.

Supreme Court, Appellate Term, First Department.

October 17, 2007.

Attorney(s) appearing for the Case

Votto, Cassata & Gullo, LLP, Staten Island (Michelle S. Titone of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck (William M. Purdy of counsel), for respondent.

McKEON, P.J., and SCHOENFELD, J., concur; McCOOE, J., concurs in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order, dated February 6, 2006, affirmed, with $10 costs.

In this action to recover first-party no-fault benefits, plaintiff medical provider was awarded summary judgment on its claims for payment for three MRIs performed on its assignor, following an automobile accident on November 27, 2003. The MRIs revealed injuries to the assignor's neck, lower back and knee. It...

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