VICTORY MED. v. NATIONWIDE

CV-024922-11.

36 Misc.3d 568 (2012)

949 N.Y.S.2d 855

2012 NY Slip Op 22149

VICTORY MEDICAL DIAGNOSTICS, P.C., as Assignee of Miguel Rojas, Plaintiff, v. NATIONWIDE PROPERTY AND CASUALTY INS. CO., Defendant.

District Court of Nassau County, First District.

June 4, 2012.


Attorney(s) appearing for the Case

Epstein, Gialleonardo, Frankini & Grammatico, for defendant. Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, for plaintiff.


OPINION OF THE COURT

FRED J. HIRSH, J.

Defendant moves for summary judgment dismissing this action to recover first-party no-fault benefits. Plaintiff cross-moves for summary judgment.

Background

This action involves another variation of what has become an increasingly common and troublesome development in the area of claims to obtain payment of first-party no-fault benefits — insurer's requesting a claimant provider furnish as verification...

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