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CUSTIS v. TRAVELERS PROP. CAS.

HUC 2348-06.

27 Misc.3d 928 (2010)

899 N.Y.S.2d 578

KEVIN CUSTIS, M.D., as Assignee of Towanda Pace, Plaintiff, v. TRAVELERS PROPERTY CASUALTY INS. Co., Defendant.

District Court of Suffolk County, Third District.

Decided April 7, 2010.

Attorney(s) appearing for the Case

Law Offices of Karen C. Dodson, Melville, for defendant.

Rapuzzi, Palumbo & Rosenberger, P.C., Wantagh, for plaintiff.

OPINION OF THE COURT

C. STEPHEN HACKELING, J.

Ordered that the defendant's application for summary judgment is granted in part and denied in part. This action is for medical provider first-party no-fault benefits. Plaintiff raises the threshold issue of whether this application is timely, and asserts that it is procedurally barred as it was made later than 120 days following the filing of the notice of trial.

Summary Judgment Procedural Distinction...

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