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AB MED SERVS v. UTICA MUT.

2009-2383 KC.

32 Misc.3d 63 (2011)

929 N.Y.S.2d 648

2011 NY Slip Op 21243

A.B. MEDICAL SERVICES, PLLC, et al., as Assignees of Hollis Abderdeen, Respondents, v. UTICA MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 8, 2011.

Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville ( Charles W. Benton of counsel), for appellant.

Amos Weinberg , Great Neck, for respondents.

STEINHARDT, J.P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiffs' motion seeking an order, pursuant to CPLR 3212 (g), deeming certain facts established for all purposes in the action is denied.

In this action by providers to recover assigned first-party no-fault benefits, the Civil Court denied plaintiffs' motion for summary judgment on the ground that plaintiffs had failed...

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