MIDWOOD MED. EQUIP. & SUPPLY, INC. v. AUTO ONE INS. CO.

2007-1308 K C.

2008 NY Slip Op 51459 (U)

MIDWOOD MEDICAL EQUIPMENT & SUPPLY, INC. A/A/O SONIA SITON, Appellant, v. AUTO ONE INSURANCE COMPANY, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


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 on the ground that plaintiff was not licensed and even if it was licensed, it failed to plead and identify its license in its complaint as required by CPLR 3015 (e). The court below granted defendant's cross motion for summary judgment, holding that plaintiff failed to plead in its complaint...

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