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UNITRIN ADVANTAGE INSURANCE COMPANY v. PAINLESS MEDICAL, P.C.

0105433/2007 Motion Seq. No. 002

2008 NY Slip Op 32365 (U)

UNITRIN ADVANTAGE INSURANCE COMPANY, Plaintiff, v. PAINLESS MEDICAL, P.C., ENKO ENTERPRISES INT'L, INC., EASTERN STAR ACUPUNCTURE, P.C., IMPROVED CHIROPRACTIC, P.C., PRIME PSYCHOLOGICAL SERVICES, P.C., HIGH DEFINITION MRI, P.C., CORNELL MEDICAL SUPPLY, INC., TRIANGLE R, INC., CITY DENTAL SERVICES, P.C., MODERN ART MEDICAL, P.C., SOCRATES MEDICAL HEALTH, P.C., A.H. PHYSICAL THERAPY, P.C., RUBEN OLIVER, RICARDO SANTOS and MARIE MORA, Defendants.

Supreme Court of the State of New York, New York County.

August 22, 2008.

Judge: Martin Shulman

In this declaratory judgment action, defendants Painless Medical, P.C., Eastern Star Acupuncture, P.C. and Improved Care Chiropractic, P.C. ("moving defendants") move, pursuant to CPLR 3212, for an order granting summary judgment dismissing the complaint against them on the ground that plaintiff Unitrin Advantage Insurance Company ("Unitrin" or "plaintiff') did not properly deny the allegedly assigned No-Fault claims arising from a January 5...

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