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CAREPLUS MEDICAL SUPPLY, INC. v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

21 Misc.3d 18 (2008)

CAREPLUS MEDICAL SUPPLY, INC., as Assignee of FRANK ORTIZ and Others, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

September 10, 2008.

Attorney(s) appearing for the Case

Amos Weinberg, Great Neck, for appellant.

Marshall & Marshall, Jericho (Barbara Carabell of counsel), for respondent.

PESCE, P.J., RIOS and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. In a supporting affidavit, plaintiff's billing manager stated that he had mailed letters to defendant requesting copies of the peer review reports upon which the denial of claim forms were based and that defendant had failed...

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