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SMOOTH DENTAL v. PREFERRED

2011-287 KC.

37 Misc.3d 67 (2012)

954 N.Y.S.2d 722

2012 NY Slip Op 22301

SMOOTH DENTAL, P.L.L.C., as Assignee of Oba Connor, Respondent, v. PREFERRED MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

October 16, 2012.

Attorney(s) appearing for the Case

Methfessel & Werbel, New York City ( Frank J. Kennan of counsel), for appellant. Law Offices of Damin J. Toell, P.C., Brooklyn ( Damin J. Toell of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action to recover assigned first-party no-fault benefits for dental services provided to plaintiff's assignor as a result of injuries sustained in an automobile accident, the record indicates that, subsequent to the assignment of benefits from plaintiff's assignor to plaintiff and the provision of dental services by plaintiff to its assignor, defendant Preferred...

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