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NEW YORK MED. v. TRAVELERS INS.

2010-2381 RIC.

40 Misc.3d 76 (2013)

971 N.Y.S.2d 645

2013 NY Slip Op 23218

NEW YORK MEDICAL REHAB., P.C., as Assignee of Kadesha Burgan-Jackson, Appellant, v. TRAVELERS INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 17, 2013.

Attorney(s) appearing for the Case

Joseph Sparacio, P.C., Staten Island ( Joseph Sparacio of counsel), for appellant.

Law Offices of Karen C. Dodson, New York City ( Tricia D. Prettypaul of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff mailed to defendant insurer, pursuant to CPLR 312-a, a copy of the summons and verified complaint, dated February 13, 2004. The record contains no signed acknowledgment of receipt, as is required by CPLR 312-a. On March 24, 2004, defendant served a...

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