LIBERTY ORTHOPEDICS, PLLC v. MVAIC

2007-466 Q C.

2008 NY Slip Op 51533 (U)

LIBERTY ORTHOPEDICS, PLLC as assignee OF NAHUN R. VASQUEZ, Respondent, v. MVAIC, Appellant.

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

Decided July 10, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, the court granted plaintiff's cross motion for summary judgment and denied the motion by defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) for summary judgment. The instant appeal by defendant ensued. A judgment was subsequently entered.

On appeal, defendant asserts that the affidavit by plaintiff's officer, submitted in support of plaintiff's motion for...

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