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METRO HEALTH v. NATIONWIDE

2013-1229 Q C

48 Misc.3d 85 (2015)

16 N.Y.S.3d 366

2015 NY Slip Op 25203

METRO HEALTH PRODUCTS, INC., as Assignee of Malcolm George, Appellant, v. NATIONWIDE INS., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 16, 2015.

Attorney(s) appearing for the Case

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

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

Plaintiff Metro Health Products, Inc. commenced this action to recover assigned first-party no-fault benefits for medical "services" (actually supplies) provided to its assignor as a result of injuries sustained in an automobile...

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