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LENOX HILL v. TRI-STATE

570732/08.

31 Misc.3d 13 (2010)

LENOX HILL RADIOLOGY, P.C., as Assignee of Edward Bredy, Respondent, v. TRI-STATE CONSUMER INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, First Department.

Decided December 30, 2010.

Attorney(s) appearing for the Case

Corigliano, Geiger & Verrill, Jericho, for appellant.

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC, Mineola, for respondent.

McKEON, P.J., and SHULMAN, J., concur; SCHOENFELD, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Judgment, entered on or about September 9, 2008, reversed, with $30 costs, and complaint dismissed.

Upon the trial of this action to recover payment of first-party no-fault benefits arising from plaintiff's performance of four separate MRIs of plaintiff's assignors, Civil Court awarded judgment in plaintiff's favor in the principal amount of $4,390.16. The principal...

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