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FORREST CHEN ACUPUNCTURE SERVS., P.C. v. GEICO INS. CO.

2007-06670

2008 NY Slip Op 07211

FORREST CHEN ACUPUNCTURE SERVICES, P.C., A/A/O MELISSA LUGO, appellant, v. GEICO INSURANCE CO., respondent.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn, N.Y. (Jeff Henle of counsel), for appellant.

Teresa M. Spina, Woodbury, N.Y. (Emilio A. Cacace of counsel), for respondent.

Before: Robert A. Spolzino, J.P., David S. Ritter, Fred T. Santucci, Edward D. Carni, JJ.

DECISION & ORDER

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...

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