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COMPAS MED. v. FIDUCIARY INS.

2013-1074 K C

51 Misc.3d 66 (2016)

31 N.Y.S.3d 734

2016 NY Slip Op 26062

COMPAS MEDICAL, P.C., as Assignee of Clarence Dupiton, Appellant, v. FIDUCIARY INSURANCE COMPANY OF AMERICA, Respondent.

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

Decided February 26, 2016.

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.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary...

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