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CAROTHERS v. PROGRESSIVE INSURANCE COMPANY

2011-715 RI C.

42 Misc.3d 30 (2013)

979 N.Y.S.2d 439

2013 NY Slip Op 23232

ANDREW CAROTHERS, M.D., P.C., as Assignee of Audrey White, Appellant, v. PROGRESSIVE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided July 5, 2013.

Attorney(s) appearing for the Case

Smith Valliere PLLC, New York City ( Mark W. Smith and Timothy A. Valliere of counsel), for appellant.

McCormack & Mattei, P.C., Garden City ( Barry I. Levy and John E. McCormack of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is affirmed, without costs.

Plaintiff Andrew Carothers, M.D., P.C. (ACMDPC) is a professional corporation which performed MRIs for patients allegedly injured in motor vehicle accidents. ACMDPC operated out of three facilities—one in Brooklyn, one in Queens and one in the Bronx. At the time the MRI services in question were rendered, Dr. Andrew Carothers was a board-certified, licensed...

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