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CORONA HGTS. v. LIBERTY INS.

2009-1001 KC.

32 Misc.3d 8 (2011)

2011 NY Slip Op 21130

927 N.Y.S.2d 278

CORONA HEIGHTS MEDICAL, P.C., as Assignee of Dositeo A Arias Beltran, Appellant, v. LIBERTY MUTUAL INS. CO., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn, for appellant.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola ( Michael Krall of counsel), for respondent.

WESTON, J.P., and RIOS, J., concur; GOLIA, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, defendant's motion to vacate the judgment entered on November 21, 2008 is denied and the judgment is reinstated.

Plaintiff commenced this action to recover assigned first-party no-fault benefits on October 5, 2005 and subsequently moved for summary judgment. Defendant opposed plaintiff's motion. By order dated November...

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