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JESA MED. SUPPLY v. AM. TR. INS.

97102/07.

28 Misc.3d 827 (2010)

905 N.Y.S.2d 842

JESA MEDICAL SUPPLY, INC., as Assignee of Ketty Molina, Plaintiff, v. AMERICAN TRANSIT INSURANCE CO., Defendant.

Civil Court of the City of New York, Kings County.

Decided May 29, 2010.

Attorney(s) appearing for the Case

Law Offices of Daniel J. Tucker , New York City ( Peter Coates , of counsel), for defendant. Law Offices of Melissa Betancourt , P.C., Brooklyn ( Aaron Cargain , of counsel), for plaintiff.

OPINION OF THE COURT

SYLVIA G. ASH, J.

In an action seeking payment of first-party no-fault benefits, defendant moves to reargue the court's decision dated October 9, 2009, wherein the court found that defendant's denial of plaintiff's claim was untimely.

The court found that defendant's follow-up verification request was two days late, thus reducing its denial time to 28 days (see Nyack Hosp...

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