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TOTAL EQUIP. v. STATE FARM

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35 Misc.3d 472 (2012)

939 N.Y.S.2d 821

2012 NY Slip Op 22038

TOTAL EQUIPMENT LLC, as Assignee of Gordon T. Springs, Plaintiff, v. STATE FARM FIRE AND CASUALTY CO., Defendant.

District Court of Nassau County, First District.

Decided February 22, 2012.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury, for defendant. Friedman, Harfenist, Kraut & Perlstein, Lake Success, for plaintiff.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

Defendant renews its motion for summary judgment dismissing plaintiff's no-fault action, based upon a defense of lack of medical necessity. The motion is supported by an affirmed peer review report of Kevin S. Portnoy, D.C. Plaintiff opposes the motion. Its opposition includes a rebuttal peer review report from a nontreating doctor, Lloyd Kupferman, D.C.

Defendant...

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