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AM MED SERVS v. PROGRESSIVE

2010-11107.

101 A.D.3d 53 (2012)

953 N.Y.S.2d 219

2012 NY Slip Op 6902

A.M. MEDICAL SERVICES, P.C., as Assignee of Sergo Chadaevi, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

October 17, 2012.

Attorney(s) appearing for the Case

Alden Banniettis , Brooklyn ( Jeff Henle of counsel), for appellant.

McCormack & Mattei, P.C., Garden City ( John E. McCormack and Joshua R. Youngman of counsel), for respondent.

DICKERSON, BELEN and HALL, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.P.

The plaintiff, a medical provider and a professional service corporation, commenced this action against the defendant insurance company to recover assigned no-fault benefits for medical services the plaintiff allegedly rendered to a covered person for injuries he sustained in an automobile accident. The Civil Court of the City of New York, Queens County, in a judgment affirmed by the Appellate Term, granted the defendant...

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