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ALL-BORO MEDICAL SUPPLIES INC. v. PROGRESSIVE NORTHEASTERN INSURANCE COMPANY

20 Misc.3d 554 (2008)

859 N.Y.S.2d 556

ALL-BORO MEDICAL SUPPLIES, INC., as Assignee of TONY STRINGER, Plaintiff, v. PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Defendant.

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

May 27, 2008.

Attorney(s) appearing for the Case

Edward Shapiro, P.C., Wantagh, for plaintiff.

Freiberg & Peck, P.C., New York City, for defendant.

OPINION OF THE COURT

PETER P. SWEENEY, J.

In this action to recover assigned first-party no-fault benefits, on January 31, 2008 the parties agreed to a trial on stipulated facts and to the admission into evidence of various exhibits. The question presented is whether the failure of plaintiff's assignor to appear for an examination under oath (EUO) constituted a valid basis for denial of the claim. For the reasons...

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