PRIME PSYCHOLOGICAL SERVS., PC v. AMERICAN TR. INS. CO.

011076/07.

2008 NY Slip Op 28273

PRIME PSYCHOLOGICAL SERVICES, PC AAO RAYMOND PEREZ, Plaintiff, v. AMERICAN TRANSIT INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Richmond County.

Decided June 26, 2008.


Attorney(s) appearing for the Case

Counsel for Plaintiff: Joaquin J. Lopez, Esq., BAKER, SANDERS, BARSHAY, GROSSMAN, FASS, MUHLSTOCK & NEUWIRTH, Mineola, NY.

Counsel for Defendant: William Larkin, Esq., LAW OFFICE OF PETER C. MERANI, ESQ., New York, NY.


KATHERINE A. LEVINE, J.

Plaintiff Prime Psychological Services, P.C.,("plaintiff") and Defendant American Transit Insurance Company ("defendant") stipulated at oral argument that the sole issue before the court was whether the defendant's failure to issue the denial of claim form (N-F-10 Form) "in duplicate" was a fatal error, thus precluding defendant from asserting a defense which would result in the granting of summary judgment to plaintiff. There is no dispute...

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