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A. KHODADADI RADIOLOGY, P.C. v. NYCTA

19 Misc.3d 1 (2008)

855 N.Y.S.2d 806

A. KHODADADI RADIOLOGY, P.C., as Assignee of HELEN BODDIE KHAN, Respondent, v. NYCTA, Appellant.

Supreme Court, Appellate Term, Second Department.

January 4, 2008.

Attorney(s) appearing for the Case

Jones, Jones, Larkin & O'Connell, LLP, Brooklyn (Sara Pankowski Diamond of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn (Massimiliano Valerio of counsel), for respondent.

WESTON PATTERSON, J.P., and BELEN, J., concur; GOLIA, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment, asserting that plaintiff's assignor was not a passenger on defendant's bus when the accident occurred and that...

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