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PRESTIGE MED. & SURGICAL SUPPLY, INC. v. CLARENDON NATIONAL INSURANCE COMPANY

17 Misc.3d 10 (2007)

844 N.Y.S.2d 557

PRESTIGE MEDICAL & SURGICAL SUPPLY, INC., as Assignee of YEVGENIYA LITVAK, Appellant, v. CLARENDON NATIONAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

August 16, 2007.

Attorney(s) appearing for the Case

Nwele & Associates, Brooklyn (David B. O'Connor of counsel), for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, plaintiff's motion for summary judgment granted and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney's fees.

In an action to recover first-party no-fault benefits, a provider generally establishes its prima facie entitlement to summary judgment by proof that it submitted the claim...

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