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JAMAICA MED. v. NY CENT. MUT.

2009-1424 KC.

34 Misc.3d 21 (2011)

936 N.Y.S.2d 477

2011 NY Slip Op 21359

JAMAICA MEDICAL SUPPLY, INC., as Assignee of Klever Guaman, Appellant, v. NY CENTRAL MUTUAL FIRE INS. Co., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided October 11, 2011.

Attorney(s) appearing for the Case

Law Office of Michael S. Nightingale, Glen Cove ( Bryan G. Melnick of counsel), for respondent. Gary Tsirelman, P.C., Brooklyn, for appellant.

PESCE, P.J., and RIOS, J., concur; STEINHARDT, J., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, defendant's motion to dismiss the complaint is denied, and the complaint is reinstated.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved, pursuant to CPLR 3211 and CPLR 3212, to dismiss the complaint. Defendant contended that plaintiff was precluded from litigating its...

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