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SKY MED. SUPPLY v. ELRAC INC.

058092/09

45 Misc.3d 450 (2014)

994 N.Y.S.2d 504

2014 NY Slip Op 24232

SKY MEDICAL SUPPLY INC., as Assignee of Robert Taylor, Plaintiff, v. ELRAC INC., Doing Business as ENTERPRISE RENT-A-CAR, Defendant.

Civil Court of the City of New York, Kings County.

Decided August 16, 2014.

Attorney(s) appearing for the Case

Gary Tsirelman P.C., Brooklyn, for plaintiff.

Brand, Glick & Brand, P.C., Garden City, for defendant.

OPINION OF THE COURT

KATHERINE A. LEVINE, J.

The sole issue presented to the court at trial is whether a medical service provider or its assignor can provide an insurance company with oral or telephonic notice of accident or whether such notice must be in writing.

The parties stipulated at trial that neither plaintiff Sky Medical Supply Inc., nor its assignor Robert Taylor, provided defendant ELRAC...

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