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MOLLO CHIROPRACTIC, PLLC v. AMERICAN COMMERCE INS. CO.

2011-354 K C.

42 Misc.3d 66 (2013)

980 N.Y.S.2d 233

2013 NY Slip Op 23419

MOLLO CHIROPRACTIC, PLLC, as Assignee of Jason Solas, Respondent, v. AMERICAN COMMERCE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 9, 2013.

Attorney(s) appearing for the Case

Bruno, Gerbino & Soriano, LLP, Melville ( Mitchell L. Kaufman of counsel), for appellant.

The Rybak Firm, PLLC, Brooklyn ( Damin J. Toell of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, with $30 costs, the order granting plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which granted plaintiff's motion for summary judgment. After...

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