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VIVIANE ETIENNE MEDICAL CARE, P.C. v. COUNTRY-WIDE INS. CO.

2011-04221

114 A.D.3d 33 (2013)

977 N.Y.S.2d 292

2013 NY Slip Op 8430

VIVIANE ETIENNE MEDICAL CARE, P.C., as Assignee of Alem Cardenas, Appellant, v. COUNTRY-WIDE INS. CO., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 18, 2013.

Attorney(s) appearing for the Case

Tsirelman & Valerio, P.C., Long Island City ( Max Valerio of counsel), for appellant.

Jaffe & Koumourdas, LLP, New York City ( Jean H. Kang of counsel), for respondent.

ANGIOLILLO and DICKERSON, JJ., concur with RIVERA, J.P; MILLER, J., dissents in a separate opinion in which HALL, J., concurs.

OPINION OF THE COURT

RIVERA, J.P.

In this action by the plaintiff, a medical service provider, to recover first-party no-fault insurance benefits, this Court must address the issue of the plaintiff's burden of proof on a motion for summary judgment in such an action. Specifically, we consider whether, as an element of its prima facie burden, the plaintiff is required to establish the merits of its claim for...

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