GREAT WALL ACUPUNCTURE, P.C. v. GEICO INS. CO.

2008-1275 Q C.

26 Misc.3d 23 (2009)

2009 NY Slip Op 29467

893 N.Y.S.2d 420

GREAT WALL ACUPUNCTURE, P.C., as Assignee of Maria Gonzalez, Appellant, v. GEICO INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided November 17, 2009.


Attorney(s) appearing for the Case

Law Offices of Eva Gaspari, PLLC, Brooklyn, and Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), for appellant.

Law Offices of Teresa M. Spina, Woodbury (Emilio A. Cacace of counsel), for respondent.

WESTON, J.P., RIOS and STEINHARDT, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant had partially paid plaintiff's claim prior to the commencement of the action. At trial, the parties stipulated to plaintiff's prima facie case and further agreed that defendant had timely denied the unpaid portion of the claim...

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