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ELMONT OPEN MRI & DIAG. RADIO. v. N.Y. CENT. MUT. FIRE INS. CO.

CV-033785-11.

37 Misc.3d 802 (2012)

954 N.Y.S.2d 736

2012 NY Slip Op 22242

ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C., Doing Business as ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY, Assignee of Abdelghani Kinane, Plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Defendant.

District Court of Nassau County, First District.

August 17, 2012.

Attorney(s) appearing for the Case

Gullo & Associates for defendant. Friedman, Harfenist, Kraut & Perlstein LLP for plaintiff.

OPINION OF THE COURT

FRED J. HIRSH, J.

Defendant New York Central Mutual Fire Insurance Company (NYCMFIC) moves for summary judgment dismissing this action to obtain payment of first-party no-fault benefits on the ground the action is premature because defendant's time to pay or deny the claim has not run because plaintiff Elmont Open MRI & Diagnostic Radiology, P.C. failed to respond to defendant's verification requests.

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