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SECOND MEDICAL, P.C. v. AUTO ONE INSURANCE COMPANY

20 Misc.3d 291 (2008)

857 N.Y.S.2d 898

SECOND MEDICAL, P.C., as Assignee of MARVIN CALENDER, Plaintiff, v. AUTO ONE INSURANCE COMPANY, Defendant.

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

May 2, 2008.

Attorney(s) appearing for the Case

Rossillo & Licata, P.C., Westbury (John J. Rossillo of counsel), for defendant.

Law Offices of Bruce Newborough, P.C., Brooklyn (Damin J. Toell of counsel), for plaintiff.

OPINION OF THE COURT

PETER P. SWEENEY, J.

Plaintiff Second Medical, P.C., as assignee of Marvin Calender, commenced this action to recover assigned first-party no-fault benefits. The trial of the action took place on December 20, 2007. The only witness to testify was Inga Lev, the president of Maugust, Inc., the company that does plaintiff's medical billing.

The issue presented is whether Ms. Lev...

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