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HORVATH v. PROGRESSIVE

24 Misc.3d 194 (2009)

JOHN M. HORVATH, D.C., P.C., as Assignee of ANDREW AMITRANO, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant.

District Court of Nassau County, First District.

Decided February 17, 2009.

Attorney(s) appearing for the Case

Robert E. Dash, Syosset, for plaintiff.

Freiberg & Peck, LLP, New York City, for defendant.

OPINION OF THE COURT

GARY F. KNOBEL, J.

Motion by defendant for an order discontinuing this action pursuant to CPLR 3217 (b), or in the alternative, for an order dismissing the plaintiff's complaint pursuant to CPLR 3211 (a), is denied in its entirety. However, the plaintiff is directed to immediately purchase a new index number (see CPLR 2001).

The unusual procedural issues raised by this motion involve (1) the application of the recent amendment...

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