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ADVANCED v. PROGRESSIVE INS.

HUC 2123-03

27 Misc.3d 436 (2010)

896 N.Y.S.2d 830

ADVANCED TEMPROMANDIBULAR DISORDER & DENTAL SURGERY, as Assignee of Kira Lanskaya, Plaintiff, v. PROGRESSIVE NORTHEASTERN INS. CO., Defendant.

District Court of Suffolk County, Third District.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Rapuzzi, Palumbo & Rosenberger, P.C., Wantagh ( Jason A. Moroff , of counsel), for plaintiff.

Carman, Callahan & Ingham, LLP, Farmingdale ( Evelina K. Popijakowska of counsel), for defendant.

OPINION OF THE COURT

C. STEPHEN HACKELING, J.

At a trial of the above-captioned "medical service provider no-fault" action conducted December 17, 2009, neither side presented witnesses. Instead, the plaintiff offered into evidence a notice to admit dated November 13, 2009 which asked the defendant to admit it received the attached claim and assignment for no-fault medical provider services for $1,184.66, that the defendant denied the claim and that payment...

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