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ALL-BORO MEDICAL SUPPLIES, INC. v. PROGRESSIVE NORTHEASTERN INS. CO.

17 Misc.3d 950 (2007)

847 N.Y.S.2d 448

ALL-BORO MEDICAL SUPPLIES, INC., as Assignee of DEBRA BRADY, Plaintiff, v. PROGRESSIVE NORTHEASTERN INS. CO., Defendant.

Civil Court of the City of New York, Kings County.

November 6, 2007.

Attorney(s) appearing for the Case

Edward Shapiro, P.C., Wantagh (Kim Rasin of counsel), for plaintiff.

De Martini & Yi, Williston Park (Dana M. Koos of counsel), for defendant.

OPINION OF THE COURT

GENINE D. EDWARDS, J.

At the outset of this trial to recoup no-fault benefits, the parties stipulated that plaintiff's prima facie case was established, the defendant's denial of claim forms were mailed on the date indicated on each denial, the peer review report and the documents reviewed were in evidence, and that the defendant's witness was an expert. The defendant proffered the testimony...

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