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COMPLETE MEDICAL SERVICES, P.C. v. MVAIC

20 Misc.3d 85 (2008)

864 N.Y.S.2d 665

COMPLETE MEDICAL SERVICES, P.C., as Assignee of AHARON MATAYAHO, Respondent, v. MVAIC, Appellant.

Supreme Court, Appellate Term, Second Department.

July 10, 2008.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York City (Anna J. Ervolina, Sharon E. Hernandez and Andrea M. Alonso of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck (Jennifer Greenhalgh Howard of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint. Defendant argued that the action was premature since plaintiff's assignor was not a qualified person within the meaning...

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