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BAJAJ v. GENERAL ASSURANCE

18 Misc.3d 25 (2007)

852 N.Y.S.2d 576

DEEPIKA BAJAJ, as Assignee of CHIVAN TRUONG, Respondent, v. GENERAL ASSURANCE, Appellant.

Supreme Court, Appellate Term, Second Department.

October 22, 2007.

Attorney(s) appearing for the Case

Jeena R. Belil, Melville (Tina B. Davidson of counsel), for appellant.

Harold Solomon, Rockville Centre (Bernard G. Chambers of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs and judgment directed to be entered in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party nofault benefits, plaintiff's counsel offered, at the outset of trial, a notice to admit to which defendant had not responded, in order to prove plaintiff's prima facie case, and then rested...

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