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HERTZ VEHICLES, LLC v. CEPEDA

5151. 154319/15.

156 A.D.3d 440 (2017)

64 N.Y.S.3d 529

2017 NY Slip Op 08603

HERTZ VEHICLES, LLC, Respondent, v. DARIEL CEPEDA et al., Defendants, and INNOVATIVE HEALTH CHIROPRACTIC, P.C., Appellant.

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

Decided December 7, 2017.

Defendant Innovative argues that, as the assignee of the rights of the no-fault claimants in the underlying automobile accident to whom it provided medical treatment, it successfully defended itself in this declaratory judgment action and thus should recover attorneys' fees just as an insured may recover attorneys' fees upon successfully defending itself against an action brought by its insurer for a judgment declaring that the...

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