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GREAT WALL ACUPUNCTURE v. GEICO GENERAL INS. CO.

16 Misc.3d 23 (2007)

842 N.Y.S.2d 131

GREAT WALL ACUPUNCTURE, as Assignee of MIGUEL ZAYAS, Respondent, v. GEICO GENERAL INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

April 24, 2007.

Attorney(s) appearing for the Case

Teresa M. Spina, Woodbury (Michael Theodorou of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn (Darya Klein of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, order granting plaintiff's motion for summary judgment vacated, plaintiff's motion for summary judgment denied, and, upon searching the record, summary judgment granted in favor of defendant dismissing the action.

In this action to recover assigned first-party no-fault benefits, plaintiff health care provider moved for summary judgment...

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