CUSTOM ORTHOTICS, LTD. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY


25 Misc.3d 545 (2009)

883 N.Y.S.2d 884

CUSTOM ORTHOTICS, LTD., as Assignee of ISABEL GRAULAN, Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. (And Another Action.)

Civil Court of the City of New York, Queens County.

Decided July 27, 2009.


Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, Mineola (Melissa A. Pirillo of counsel), for plaintiff.

Law Office of Teresa M. Spina, Woodbury (John Dupuy of counsel), for defendant.


OPINION OF THE COURT

WILLIAM A. VISCOVICH, J.

Due to the similarity of the factual background and legal issues to be determined in these matters, the two cases herein were consolidated for trial purposes before this court. After a pretrial conference, the parties stipulated on the record as follows as to both cases:

1. Plaintiff has established its prima facie case as a matter of law;

2. Defendant has issued timely verification requests to...

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