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STRACAR MED. v. STATE FARM

20131501 K C

47 Misc.3d 72 (2015)

9 N.Y.S.3d 523

STRACAR MEDICAL SERVICES, P.C., as Assignee of Michael Fonseca, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

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

Decided March 2, 2015.

Attorney(s) appearing for the Case

Fuld & Karp, P.C., Brooklyn ( Cheryl Scher of counsel), for appellant.

Rivkin Radler LLP, Uniondale ( Evan H. Krinick , Cheryl F Korman and Stuart M. Bodoff of counsel), for respondent.

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

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, the Civil Court granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, finding that defendant demonstrated that plaintiff had failed to appear for duly scheduled...

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