AUTOONE INS. CO. v. EASTERN IS. MED. CARE, P.C.

2014-11655, Index No. 601259/14.

141 A.D.3d 499 (2016)

35 N.Y.S.3d 230

AUTOONE INSURANCE COMPANY, Appellant, v. EASTERN ISLAND MEDICAL CARE, P.C., as Assignee of Jaime Benitez, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 6, 2016.


Ordered that the judgment is reversed, on the law, with costs, those branches of the plaintiff's motion which were pursuant to CPLR 3211 (b) to dismiss the first, second, third, and fourth affirmative defenses are granted, the defendant's cross motion to confirm the award of the master arbitrator is denied as academic, the order entered October 1, 2014, is modified accordingly, and the matter is remitted to the Supreme Court, Nassau County, for a determination on the merits...

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