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ORTHO-MED v. AMERICAN TR. INS.

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36 Misc.3d 26 (2012)

948 N.Y.S.2d 815

2012 NY Slip Op 22119

ORTHO-MED SURGICAL SUPPLY, INC., as Assignee of Jose Colon, Appellant-Respondent, v. AMERICAN TRANSIT INSURANCE CO., Respondent-Appellant.

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

April 27, 2012.

Attorney(s) appearing for the Case

Law Offices of Alden Banniettis, Brooklyn ( Jeff Henle of counsel), for appellant-respondent. Law Offices of Daniel J. Tucker, New York City ( Netanel BenChaim of counsel), for respondent-appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by providing that the branch of plaintiff's motion seeking a final order of preclusion is granted; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the parties entered into a "so-ordered" stipulation in...

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