ORTHOTIC SURGICAL & MED. SUPPLY, INC. v. GEICO INS. CO.

2007-824 R I C.

2008 NY Slip Op 51540 (U)

ORTHOTIC SURGICAL & MEDICAL SUPPLY, INC. as assignee of ALFRED REESE, Respondent, v. GEICO INS. CO., Appellant.

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

Decided July 10, 2008.


In this action by a medical equipment provider to recover assigned first-party no-fault benefits, the court granted plaintiff's motion for summary judgment. The instant appeal by defendant ensued. A judgment was subsequently entered.

Since defendant does not challenge plaintiff's establishment of its prima facie case, we do not pass upon the propriety of the determination of the court below with respect thereto.

In opposition to plaintiff's motion for summary...

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