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FAIR PRICE MEDICAL SUPPLY, INC. v. ST. PAUL TRAVELERS INSURANCE COMPANY

16 Misc.3d 8 (2007)

838 N.Y.S.2d 848

FAIR PRICE MEDICAL SUPPLY, INC., as Assignee of DORISMOND FRANTZ, Respondent, v. ST. PAUL TRAVELERS INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, First Department.

May 4, 2007.

Attorney(s) appearing for the Case

Patrick Colligan, White Plains (Michael J. Palumbo of counsel), for appellant.

Edward Shapiro, P.C., Wantagh (Steven F. Palumbo of counsel), for respondent.

McKEON, J.P., McCOOE and DAVIS, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, dated January 5, 2006, affirmed, with $10 costs.

In response to plaintiff's interrogatories, defendant insurer admitted that it received the no-fault claims at issue and made partial payment on the claims. Inasmuch as defendant's verified answers to the interrogatories constituted admissions of a party, which are admissible as evidence (see Bigelow v Acands...

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