FORREST CHEN ACUPUNCTURE SERVICES, P.C. v. GEICO INSURANCE CO.


54 A.D.3d 996 (2008)

FORREST CHEN ACUPUNCTURE SERVICES, P.C., as Assignee of MELISSA LUGO, Appellant, v. GEICO INSURANCE Co., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 2008.


Ordered that the order dated April 26, 2007, is affirmed, with costs.

The Appellate Term properly affirmed the Civil Court order denying the plaintiff's motion for summary judgment on the complaint and granting the defendant's cross motion for summary judgment dismissing the complaint. The plaintiff's evidentiary submissions revealed that the defendant insurance company timely issued denial of claim forms in April and May of 2001, which partially denied payment upon...

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