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BATH MED., SUPPLY v. ALLSTATE INDEMNITY COMPANY

2009-551 N C.

27 Misc.3d 92 (2010)

902 N.Y.S.2d 875

BATH MEDICAL SUPPLY, INC., as Assignee of Lynn Karam, Appellant, v. ALLSTATE INDEMNITY COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 19, 2010.

Attorney(s) appearing for the Case

Amos Weinberg , Great Neck, for appellant.

Bruno, Gerbino & Soriano, LLP., Melville ( Charles W. Benton of counsel), for respondent.

NICOLAI, P.J., MOLIA and IANNACCI, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed without costs, plaintiff's motion for summary judgment is granted, defendant's cross motion to dismiss the complaint or, in the alternative, to compel disclosure is denied, and the matter is remitted to the District Court for the calculation of statutory interest and an assessment of attorney's...

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