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MARC HABIF, D.C. v. KEMPER INS.

2009-462 Q C.

28 Misc.3d 55 (2010)

906 N.Y.S.2d 677

MARC HABIF, D.C./COMPLETE CARE CHIROPRACTIC, as Assignee of Bonnie G. Socolow, Respondent, v. KEMPER AUTO & HOME INS., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Rubin, Fiorella & Friedman LLP, New York City ( Joseph Federici and Harlan R. Schreiber of counsel), for appellant.

Lewin, Goodman, Baglio, LLP, Melville ( James E. Coughlin of counsel), for respondent.

GOLIA, J.P., PESCE and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from the decision is dismissed; and it is further, ordered that the judgment is reversed without costs and the matter is remitted to the Civil Court where the parties may stipulate to a more definite statement of facts or proceed to trial on the disputed issue in accordance with the decision herein.

After issue was joined in this action by a...

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