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ISLAND LIFE v. INFINITY GROUP

2015-1554 QC.

55 Misc.3d 42 (2017)

51 N.Y.S.3d 313

2017 NY Slip Op 27040

ISLAND LIFE CHIROPRACTIC, P.C., as Assignee of Jack Nazaire, Appellant, v. INFINITY GROUP, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 8, 2017.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn ( Damin J. Toell of counsel), for appellant.

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

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.

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 denied.

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, upon the application of Pennsylvania law, there was a lack of coverage due...

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