B.Y, M.D., P.C. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

2009-943 NC.

26 Misc.3d 95 (2010)

896 N.Y.S.2d 799

B.Y., M.D., P.C., et al., as Assignees of BEVERLY PRINCE, Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided January 28, 2010.


Attorney(s) appearing for the Case

Amos Weinberg , Great Neck, for appellants.

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

NICOLAI, P.J., TANENBAUM and LACAVA, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed without costs.

In this action by providers to recover assigned first-party no-fault benefits, plaintiffs moved for "partial summary judgment," asserting that, pursuant to CPLR 3212 (e) or, in the alternative, CPLR 3212 (g), the District Court should determine that plaintiffs had established their prima facie case with respect to their first cause of action. In opposition to the motion...

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