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CAROTHERS, M.D, PC v. GEICO

24 Misc.3d 19 (2009)

ANDREW CAROTHERS, M.D., P.C., as Assignee of TATYANA MATEVICH and Others, Respondent, v. GEICO INDEMNITY COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 10, 2009.

Attorney(s) appearing for the Case

Law Office of Teresa M. Spina, Woodbury (P. Stephanie Estevez of counsel), for appellant.

Subin Associates, LLP, New York City (Gregory T. Cerchione of counsel), for respondent.

PESCE, P.J., WESTON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs and complaint dismissed.

At the trial of this action by a provider to recover assigned first-party no-fault benefits, the court admitted a series of documents into evidence, over defendant's objection, upon the testimony of plaintiff's sole witness, the billing manager for Advanced Health Care Solutions (AHCS), a company that was hired...

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