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LENOX HILL RADIOLOGY MIA, P.C. v. AMERICAN TRANSIT INSURANCE COMPANY

19 Misc.3d 358 (2008)

851 N.Y.S.2d 861

LENOX HILL RADIOLOGY MIA, P.C., as Assignee of MOHANNAD MOHAMMAD, Plaintiff, v. AMERICAN TRANSIT INSURANCE COMPANY, Defendant.

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

February 20, 2008.

Attorney(s) appearing for the Case

William Larkin for defendant.

Shayna E. Sacks for plaintiff.

OPINION OF THE COURT

ANIL C. SINGH, J.

This is an action to recover first-party no-fault benefits under an automobile insurance policy. Defendant moves for summary judgment dismissing the complaint, contending that the lawsuit is premature because plaintiff did not comply with defendant's demands for verification and, as such, proof of claim has not been submitted to the carrier. In the alternative, defendant...

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