CAROTHERS v. GEICO INDEM. CO.

2006-2083 K C.

2008 NY Slip Op 51756 (U)

ANDREW CAROTHERS, M.D., P.C. A/A/O EDUARD SKVERCHAK, Respondent, v. GEICO INDEMNITY COMPANY, Appellant.

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

Decided August 19, 2008.


Order entered August 24, 2006, insofar as appealed from, reversed without costs and the finding that it is established for all purposes in the action that plaintiff is the real party in interest vacated.

In this action by a provider to recover assigned first-party no-fault benefits, defendant initially moved, insofar as relevant to this appeal, for leave to amend its answer to assert two additional affirmative defenses alleging that plaintiff was fraudulently organized...

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