METROPOLITAN DIAGNOSTIC MEDICAL CARE, P.C. v. AMERICAN COMMERCE INS. CO.

2014-1897 KC.

2016 NY Slip Op 50216(U)

METROPOLITAN DIAGNOSTIC MEDICAL CARE, P.C., AS ASSIGNEE OF KESTER ALLEYNE, Appellant, v. AMERICAN COMMERCE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 23, 2016.


Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered January 24, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

Metropolitan Diagnostic Medical Care, P.C. (Metropolitan) commenced this action in the Civil Court on March 14, 2012 to recover first-party no-fault benefits for services provided to its assignor...

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