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FLUSHING TRADITIONAL ACUPUNCTURE, P.C. v. INFINITY GROUP

2011-581 KC.

38 Misc.3d 21 (2012)

958 N.Y.S.2d 254

2012 NY Slip Op 22345

FLUSHING TRADITIONAL ACUPUNCTURE, P.C., as Assignee of Mark Matthews, Respondent, v. INFINITY GROUP, Appellant.

Supreme Court, Appellate Term, Second Department.

November 26, 2012.

Attorney(s) appearing for the Case

Freiberg, Peck & Kang, LLP, New York City ( Yilo J. Kang of counsel), for appellant. The Rybak Firm, PLLC, Brooklyn ( Damin J. Toell of counsel), for respondent.

Rios, J.P., Aliotta and Solomon, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court entered February 10, 2011 which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint. A judgment was subsequently...

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