EAST-WEST v. SAFECO INS. CO.

2010-1700 KC.

35 Misc.3d 50 (2012)

944 N.Y.S.2d 818

2012 NY Slip Op 22095

EAST-WEST ACUPUNCTURE as Assignee of Michael Cousins and Another, Appellant, v. SAFECO INS. CO. OF INDIANA, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided April 4, 2012.


Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Irena Golodkeyer of counsel), for appellant. Bruno, Gerbino & Soriano, LLP, Melville ( Charles W. Benton of counsel), for respondent.

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


OPINION OF THE COUNSEL

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint on condition that, within 60 days, defendant serve and file the moving affidavit of Marcy Gonzalez, accompanied by a certificate of conformity in compliance with CPLR 2309 (c).<...

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