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EBM MED. HEALTH v. REPUBLIC W

38 Misc.3d 1 (2012)

956 N.Y.S.2d 398

2012 NY Slip Op 22300

EBM MEDICAL HEALTH CARE, P.C., as Assignee of Jemel McDaniel, Respondent, v. REPUBLIC WESTERN INSURANCE, Appellant.

Supreme Court, Appellate Term, Second Department.

October 16, 2012.

Attorney(s) appearing for the Case

Rubin, Fiorella & Friedman LLP, New York City ( Jason W. Moussourakis and Joseph R. Federici of counsel), for appellant. Law Offices of Bruce Newborough, P.C., Brooklyn ( Damin Toell of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

EBM Medical Health Care, P.C. commenced this action to recover assigned first-party no-fault benefits for medical services provided to its assignor as a result of injuries sustained in an automobile accident. While this no-fault action was pending, Republic Western Insurance commenced...

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