ADVANCED CARE v. STATE FARM

CV-002175-12.

38 Misc.3d 750 (2012)

956 N.Y.S.2d 416

2012 NY Slip Op 22373

ADVANCED NEUROLOGICAL CARE, P.C., as Assignee of Maria Silva, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Defendant.

District Court of Nassau County, First District.

December 12, 2012.


Attorney(s) appearing for the Case

Israel, Israel & Purdy, LLP, Great Neck, for plaintiff. Richard T. Lau & Associates, Jericho, for defendant.


OPINION OF THE COURT

MICHAEL A. CIAFFI, J.

Plaintiff moves for summary judgment upon its claim for no-fault benefits, and defendant cross-moves for summary judgment dismissing the claim. For the reasons stated below, plaintiff's motion is denied, the cross motion is granted, and the action is dismissed as premature.

The principal issue presented by the motion and cross motion concerns defendant's...

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