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CONTACT P.C. v. NYC TR. AUTH.

2011-2967 Q C.

42 Misc.3d 60 (2013)

979 N.Y.S.2d 766

2013 NY Slip Op 23410

CONTACT CHIROPRACTIC, P.C., as Assignee of Girtha Butler, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 3, 2013.

Attorney(s) appearing for the Case

Jones Jones LLC, New York City ( Ryan F. Blackmer of counsel), for appellant.

Law Office of Cohen & Jaffe, LLP, Lake Success ( Aaron J. Perretta of counsel), for respondent.

PESCE, P.J., WESTON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In this action to recover assigned first-party no-fault benefits, defendant self-insurer appeals from so much of an order of the Civil Court as, upon renewal, adhered to the court's prior determination denying defendant's motion, in effect, for summary judgment dismissing the complaint.<...

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