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DYNAMIC MED., P.C. v. STATE FARM

30654/09.

27 Misc.3d 357 (2010)

894 N.Y.S.2d 847

DYNAMIC MEDICAL IMAGING P.C., as Assignee of Debora S. Olympio, Plaintiff, v. STATE FARM FIRE AND CASUALTY CO., Defendant.

District Court of Nassau County, First District.

Decided January 28, 2010.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Amy Wiedmann of counsel), for defendant.

Friedman, Harfenist, Kraut & Perlstein, Lake Success ( Joseph Armao of counsel), for plaintiff.

OPINION OF THE COURT

BONNIE P. CHAIKIN, J.

In this action for recovery of assigned, first-party no-fault benefits for medical services provided to plaintiff's assignor, the defendant moves for an order (a) dismissing plaintiff's complaint, with prejudice, pursuant to CPLR 3211 (a) (1) and (7); or, alternatively, (b) dismissing plaintiff's complaint, on the ground that the present action is premature; and (c) for such other, further and different relief as...

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