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COMPLETE MED NY PC v. NYC TR

2014-417 K C

49 Misc.3d 10 (2015)

17 N.Y.S.3d 289

2015 NY Slip Op 25236

COMPLETE MEDICAL CARE SVCS OF NY, P.C., as Assignee of Valerie Bose, Respondent, v. N.Y.C. TRANSIT AUTHORITY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 7, 2015.

Attorney(s) appearing for the Case

Foley Smit O'Boyle & Weisman, Hauppauge ( Aaron E. Meyer of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck ( Ryan B. Berry of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff's assignor was not injured as the result of the use or operation of a motor vehicle. In support of the motion, defendant...

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