SUNSHINE IMAGING ASSOCIATION/WNY MRI v. GOVERNMENT EMPLOYEES INS. CO.

1101 CA 09-00474.

66 A.D.3d 1419 (2009)

885 N.Y.S.2d 557

2009 NY Slip Op 6984

SUNSHINE IMAGING ASSOCIATION/WNY MRI, as Assignee of CAROL L. VANCHERI and Others, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Also Known as "GEICO," Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 2, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff, as assignee of 14 patients to whom it provided radiological services, commenced this action seeking to recover no-fault benefits pursuant to the contract between each patient and defendant insurer. We conclude that Supreme Court properly denied plaintiff's motion for summary judgment on the amended complaint. Although plaintiff made a prima facie showing...

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