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DELTA DIAGNOSTIC RADIOLOGY, P.C. v. REPUBLIC WESTERN INSURANCE CO.

15 Misc.3d 33 (2007)

833 N.Y.S.2d 837

DELTA DIAGNOSTIC RADIOLOGY, P.C., as Assignee of DOMINIQUE GERARD, Appellant, v. REPUBLIC WESTERN INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

February 27, 2007.

Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Anthony J. Centone, P.C., White Plains, for respondent.

PESCE, P.J., and BELEN, J., concur; WESTON PATTERSON, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

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

In this action by a provider to recover assigned first-party nofault benefits, plaintiff's motion for summary judgment was supported by an affirmation of counsel, an affidavit...

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