REHABXPRESS v. AUTO ONE INS.

2015-1599 KC.

57 Misc.3d 17 (2017)

2017 NY Slip Op 27246

57 N.Y.S.3d 612

REHABXPRESS, PT, P.C., as Assignee of Ashley Wallace, Respondent, v. AUTO ONE INS. CO., Appellant.

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

Decided July 14, 2017.


Attorney(s) appearing for the Case

Law Office of Jason Tenenbaum, P.C. ( Jason Tenenbaum of counsel) for appellant.

Korsunskiy Legal Group, P.C. ( Henry R. Guindi of counsel) for respondent.


OPINION OF THE COURT

MEMORANDUM.

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

In July 2012, plaintiff (the provider) commenced this action to recover assigned first-party no-fault benefits for medical services rendered to its assignor, who had allegedly been injured in a motor vehicle accident that had occurred on August 8, 2011. Defendant (the insurer) failed to timely answer or appear in this action, and instead commenced a declaratory judgment...

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