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PSYCHOLOGICAL PRACTICE, P.C. v. STATE FARM FIRE AND CASUALTY COMPANY

16 Misc.3d 12 (2007)

842 N.Y.S.2d 136

PSYCHOLOGICAL PRACTICE, P.C., as Assignee of CECILE HENRY, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

April 26, 2007.

Attorney(s) appearing for the Case

Moshe D. Fuld, P.C., New York City, for appellant.

McDonnell & Adels, P.C., Garden City (Zara G. Friedman of counsel), for respondent.

PESCE, P.J., and RIOS, J., concur; WESTON PATTERSON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

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

In an action to recover assigned first-party no-fault benefits, a plaintiff generally establishes...

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