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KINGS HIGHWAY DIAGNOSTIC IMAGING P.C. v. MVAIC

19 Misc.3d 69 (2008)

860 N.Y.S.2d 794

KINGS HIGHWAY DIAGNOSTIC IMAGING, P.C., as Assignee of GUADALUPE AMADO, Respondent, v. MVAIC, Appellant.

Supreme Court, Appellate Term, Second Department.

April 14, 2008.

Attorney(s) appearing for the Case

Marshall & Marshall, Jericho (Jeffrey D. Kadushin of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck (William M. Purdy of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs and defendant's motion for summary judgment dismissing the complaint granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant MVAIC moved for summary judgment on the ground that the action was barred by the statute of limitations. The complaint alleged that the subject claim form was submitted to...

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