UPTODATE MED. SERVS., P.C. v. LUMBERMENS MUT. CAS. CO.

2006-2064 Q C.

2008 NY Slip Op 51502 (U)

UPTODATE MEDICAL SERVICES, P.C. as assignee of CHUKWUMA ANIGBO, Respondent, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant.

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

Decided July 18, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment. Insofar as is relevant to this appeal, the court granted plaintiff's cross motion for summary judgment to the extent of awarding it partial summary judgment in the principal sum of $5,381.64, finding that the affidavit submitted by defendant did not establish the timely mailing of the...

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