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BROOKLYN CHIROPRACTIC ASSOCIATES, P.C. v. PROGRESSIVE CASUALTY INSURANCE COMPANY

17 Misc.3d 13 (2007)

844 N.Y.S.2d 554

BROOKLYN CHIROPRACTIC ASSOCIATES, P.C., as Assignee of VICTOR QUARANTA, Respondent, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

July 13, 2007.

Attorney(s) appearing for the Case

Freiberg & Peck, LLP, New York City (Yilo J. Kang of counsel), for appellant.

Dash & Burns, Jericho (Robert E. Dash of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, modified by granting plaintiff's cross motion to the extent of remanding the matter to the court below for entry of an appropriate amended judgment in accordance with the decision herein; as so modified, affirmed without costs.

In this action by a provider to recover assigned first-party nofault benefits, the court granted plaintiff...

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