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GIUGLIANO v. MERCHANTS

059590/07

29 Misc.3d 367 (2010)

907 N.Y.S.2d 569

JOHN GIUGLIANO, DC, P.C., as Assignee of Laura Hebenstreit, Plaintiff, v. MERCHANTS MUTUAL INS. CO., Defendant.

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

Decided July 27, 2010.

Attorney(s) appearing for the Case

Israel, Israel & Purdy LLP, Great Neck ( Josephine Lupis-Usinger of counsel), for plaintiff. Peknik Peknik & Schaefer LLC, Long Beach ( Matthew Bruzzese of counsel), for defendant.

OPINION OF THE COURT

PAMELA L. FISHER, J.

Plaintiff, John Giugliano, DC, P.C., assignee of Laura Hebenstreit, instituted this action to recover first party no-fault benefits from defendant Merchants Mutual Ins. Co. A trial was held before this court on June 30, 2010. After considering and evaluating the trial evidence and upon weighing and assessing the credibility of the witnesses, the court makes the following...

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