In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered May 8, 2006, the court below denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint. The instant appeal by plaintiff ensued.
Inasmuch as the affidavit submitted by plaintiff's owner was...
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