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PRIME PSYCHOLOGICAL SERVICES, P.C. v. AMERICAN TRANSIT INSURANCE COMPANY

20 Misc.3d 844 (2008)

862 N.Y.S.2d 267

PRIME PSYCHOLOGICAL SERVICES, PC., as Assignee of RAYMOND PEREZ, Plaintiff, v. AMERICAN TRANSIT INSURANCE COMPANY, Defendant.

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

June 26, 2008.

Attorney(s) appearing for the Case

Law Office of Peter C. Merani, New York City (William Larkin of counsel), for defendant.

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, Mineola (Joaquin J. Lopez of counsel), for plaintiff.

OPINION OF THE COURT

KATHERINE A. LEVINE, J.

Plaintiff Prime Psychological Services, P.C. and defendant American Transit Insurance Company stipulated at oral argument that the sole issue before the court was whether the defendant's failure to issue the denial of claim form (N-F 10 form) "in duplicate" was a fatal error, thus precluding defendant from asserting a defense which would result in the granting...

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