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MATRANGOLO v. ALLSTATE INS.

37609/07.

35 Misc.3d 582 (2012)

939 N.Y.S.2d 812

2012 NY Slip Op 22046

STEPHEN MATRANGOLO, D.C., P.C., as Assignee of Tina Espinozo-Hernandez and Another, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, New York County.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Leon Kucherovsky , New York City ( Matthew Viverito of counsel), for plaintiff. Short & Billy P.C., New York City ( Mark Puleo of counsel), for defendant.

OPINION OF THE COURT

ANDREA MASLEY, J.

Plaintiff Stephen Matrangolo, D.C., PC., a chiropractic practice, commenced this action in June 2007 for the recovery of no-fault benefits for services rendered to assignors Tina Espinozo-Hernandez and Edgar Hernandez for injuries arising from a car accident in December of 2006. The answer dated August 17, 2007 consists of six affirmative defenses including: (2) plaintiff lacks standing; (4) services provided by an...

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