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PINNACLE OPEN MRI, P.C. v. REPUBLIC WESTERN INSURANCE COMPANY

18 Misc.3d 626 (2008)

850 N.Y.S.2d 830

PINNACLE OPEN MRI, P.C., as Assignee of ALLEN CARRUTH, Plaintiff, v. REPUBLIC WESTERN INSURANCE COMPANY, Defendant.

District Court of Nassau County, First District.

January 3, 2008.

Attorney(s) appearing for the Case

Rubin, Fiorella & Friedman, LLP, for defendant.

Friedman, Harfenist, Langer & Kraut for plaintiff.

OPINION OF THE COURT

ANDREW M. ENGEL, J.

This is an action to recover no-fault first-party benefits allegedly provided by the plaintiff, to its assignor, on March 13, 2002 for injuries allegedly sustained in a motor vehicle accident on February 11, 2002. It is not disputed that at the time of the alleged accident the plaintiff's assignor was occupying a motor vehicle he had rented from "U-Haul."1

The action was commenced...

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