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HEALING v. NEW YORK CENT MUT

No. 2012-1475 Q C

44 Misc.3d 59 (2014)

991 N.Y.S.2d 505

2014 NY Slip Op 24145

HEALING HEALTH PRODUCTS, INC., as Assignee of Devonn Palmer, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided May 22, 2014.

Attorney(s) appearing for the Case

Nightingale Law, P.C., Glen Cove ( Michael S. Nightingale of counsel), for appellant.

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, arguing that the action is premature since plaintiff had not responded to its verification requests. The Civil Court denied defendant's motion, finding that a triable issue of fact existed as to whether the requests had been...

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