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CRAIGG v. INFINITY SELECT INS. CO.

2011-267 Q C.

38 Misc.3d 56 (2013)

960 N.Y.S.2d 849

2013 NY Slip Op 23014

CLEOPHAS CRAIGG, D.C., as Assignee of Roosevelt Etienne, Respondent, v. INFINITY SELECT INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

January 14, 2013.

Attorney(s) appearing for the Case

Freiberg, Peck & Kang, LLP, New York City ( Yilo J. Kang of counsel), for appellant. Mandell & Santora, Lynbrook ( Eitan Nof of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and the complaint is dismissed.

At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the parties' attorneys stipulated that plaintiff had established a prima facie case regarding the submission of his claim in the amount of $1,310.94; that, some time after the receipt of plaintiff's claim, defendant, a Florida insurer...

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