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DELTA P.C. v. INFINITY GROUP

2013-2147 K C

49 Misc.3d 42 (2015)

18 N.Y.S.3d 816

2015 NY Slip Op 25304

DELTA DIAGNOSTIC RADIOLOGY, P.C., as Assignee of Nathaniele Barrett, Respondent, v. INFINITY GROUP, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided September 2, 2015.

Attorney(s) appearing for the Case

Freiberg, Peck & Kang, LLP, Armonk ( Yilo J. Kang of counsel), for appellant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, defendant's motion, in effect, to vacate so much of the prior order of the same court dated April 14, 2011 as, on consent, denied defendant's motion for summary judgment dismissing the complaint is granted, and, upon such vacatur, defendant's motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party...

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