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EAST ACUPUNCTURE v. ALLSTATE INSURANCE COMPANY

15 Misc.3d 104 (2007)

832 N.Y.S.2d 737

EAST ACUPUNCTURE, P.C., as Assignee of ARKADY DERIN and Others, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

January 3, 2007.

Attorney(s) appearing for the Case

Saiber Schlesinger Satz & Goldstein, LLC, New York City (Agnes I. Rymer and David J. D'Aloia of counsel), and McDonnell & Adels, P.C., Garden City (Martha S. Henley of counsel), for appellant.

Gary Tsirelman P.C., Brooklyn, for respondent.

Eliot Spitzer, Attorney General, New York City (Robert H. Easton and Benjamin N. Gutman of counsel), for Howard B. Mills III, amicus curiae.

Michael A. Taromina, Paterson, New Jersey, for Acupuncture Society of New York, amicus curiae.

PESCE, P.J., GOLIA and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and matter remanded to the court below for a new calculation of interest in accordance with the decision herein.

In this action to recover overdue assigned first-party no-fault benefits, the parties stipulated to settle the principal amount owed on all claims for which defendant's denials were timely and for which defendant issued no denials...

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