HORTON MED., P.C. v. NEW YORK CENT. MUT. FIRE INS. CO.

2006-2063 Q C.

2008 NY Slip Op 51682 (U)

HORTON MEDICAL, P.C. as assignee of STEVE WILLIAMS, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided July 30, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, the complaint asserts seven causes of action based upon NF-3 claim forms and an eighth cause of action seeking attorney's fees. Plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint. Plaintiff's motion for summary judgment was supported by an affirmation from plaintiff's counsel, an affirmation by plaintiff's billing manager, and various...

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