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A.M. MED. v. STATE FARM MUT.

22 Misc.3d 43 (2008)

A.M. MEDICAL, P.C., as Assignee of ARKADIY YUSUFOV, Appellant, v. STATE FARM MUTUAL INSURANCE CO., Respondent.

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

December 3, 2008.

Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn (Benjamin Sharav of counsel), for appellant.

Nicolini, Paradise, Ferretti & Sabella, Mineola (Mitchell S. Lustig of counsel), for respondent.

Before: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved, pursuant to CPLR 3216, to dismiss the complaint based upon plaintiff's failure to prosecute the action. Plaintiff opposed the motion, contending that defendant's 90-day demand was defective and therefore a nullity because it did not contain...

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