MIDISLAND MED., PLLC v. ALLSTATE INS. CO.

2007-322 QC.

2008 NY Slip Op 51760 (U)

MIDISLAND MEDICAL, PLLC as assignee of DENIS CANTAVE, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided August 19, 2008.


Judgment reversed without costs, order entered January 12, 2007 vacated and plaintiff's motion for summary judgment denied.

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

On appeal, defendant asserts that the affirmation of plaintiff's officer, submitted in support of the...

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