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CUSTOM ORTHOTICS OF NY, INC. v. STATE FARM MUTUAL AUTO INS. CO.

18 Misc.3d 797 (2007)

849 N.Y.S.2d 876

CUSTOM ORTHOTICS OF NY, INC., as Assignee of FRANCISCO J. RAMIREZ, Plaintiff, v. STATE FARM MUTUAL AUTO INS. CO., Defendant.

District Court of Suffolk County, Fourth District.

November 1, 2007.

Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLP, Mineola, for plaintiff.

Rivkin, Radler, LLP, Uniondale, for defendant.

OPINION OF THE COURT

G. ANN SPELMAN, J.

This action was commenced by plaintiff Custom Orthotics of NY, Inc. as assignee of Francisco J. Ramirez against defendant State Farm Mutual Auto Ins. Co. to recover first-party no-fault benefits. A trial de novo was held on July 16, 2007, and memoranda in support of the parties' positions were submitted on or before August 6, 2007. The following is the court's decision....

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