A.M. MED. SERVICES, P.C. v. PROGRESSIVE CASUALTY INSURANCE CO.


22 Misc.3d 70 (2008)

___ N.Y.S.2d ___

A.M. MEDICAL SERVICES, P.C., as Assignee of SERGO CHADAEVI, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 31, 2008.


Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

Freiberg & Peck, LLP, New York City (Yilo J. Kang of counsel), for respondent.

PESCE, P.J., GOLIA and RIOS, 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, in effect, for summary judgment dismissing the complaint. In support of its motion, defendant submitted the two claim forms that are the subject of this action, which indicate that the billed-for services were rendered by independent contractors...

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