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VIVIANE MED. v. COUNTRY-WIDE

2009-1000 KC.

31 Misc.3d 21 (2011)

VIVIANE ETIENNE MEDICAL CARE, P.C., as Assignee of Alem Cardenas, Appellant, v. COUNTRY-WIDE INS. CO., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 8, 2011.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Max Velerio of counsel), for appellant.

Jaffe & Koumourdas, LLP, New York City ( Jean H. King of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court denied plaintiff's motion for summary judgment, finding that plaintiff had failed to establish its prima facie entitlement to that relief. We agree.

A no-fault provider establishes its prima facie entitlement to summary judgment by proof of the submission to the...

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