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FORTUNE MEDICAL P.C. v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

20 Misc.3d 32 (2008)

862 N.Y.S.2d 704

FORTUNE MEDICAL, P.C., as Assignee of EKA LOWEN, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

April 3, 2008.

Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Gullo & Associates, Brooklyn (Gina M. DiGaudio of counsel), for respondent.

PESCE and RIOS, JJ., concur; GOLIA, J.P., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and defendant's motion to amend the judgment denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff was awarded partial summary judgment in the sum of $5,855.82. A judgment was subsequently entered in the principal sum of $5,855.82. Defendant moved, inter alia, to amend the judgment by reducing...

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