CENTRAL RADIOLOGY SERVS., P.C. v. MERCURY CAS. CO.

2007-974 Q C.

2008 NY Slip Op 51453 (U)

CENTRAL RADIOLOGY SERVICES, P.C. A/A/O ANA SANTOS, Respondent, v. MERCURY CASUALTY COMPANY, Appellant.

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, the parties entered into two stipulations, dated March 1, 2006, in which plaintiff agreed to accept the sum total of $1,348.64, plus a delineated amount for attorney's fees and costs, to settle the action, on the condition that the payments be made within 30 days. The agreements further provided that if defendant failed to make the payments within 30 days, plaintiff could enter judgment for the...

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