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IN THE VISTA SURGICAL SUPPLIES, INC. v. AUTOONE INS. CO.

2007-1423 K C.

2008 NY Slip Op 51460 (U)

VISTA SURGICAL SUPPLIES, INC. A/A/O BENJAMIN COLON, Appellant, v. AUTOONE 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 on claims for $350 and $766.57, plaintiff moved for summary judgment. Defendant cross-moved, inter alia, for summary judgment dismissing the complaint on the ground that plaintiff failed to provide the verification which defendant had requested. The court below denied plaintiff's motion and granted defendant's cross motion for summary judgment dismissing the complaint. This appeal by plaintiff...

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