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PROGRESSIVE v. HERTZ CORP.

No. 2014-1114 KC.

56 Misc.3d 70 (2017)

2017 NY Slip Op 27193

55 N.Y.S.3d 577

PROGRESSIVE ORTHOPEDICS, PLLC, as Assignee of Sean A. Wilkerson, Respondent, v. THE HERTZ CORPORATION, Appellant.

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

Decided June 2, 2017.

Attorney(s) appearing for the Case

Robyn M. Brilliant, P.C., New York City ( Robyn M. Brilliant of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck ( Jennifer Greenhalgh Howard of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.

In this action by a provider to recover assigned first-party no-fault benefits, defendant denied plaintiff's claim on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs). At a nonjury trial, the parties stipulated to plaintiff's prima...

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