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MATTER OF V.S. CARE ACUPUNCTURE, P.C. v. COUNTRY-WIDE INS. CO.

2017-03468, Index No. 3129/16.

176 A.D.3d 834 (2019)

112 N.Y.S.3d 274

2019 NY Slip Op 07265

In the Matter of V.S. Care Acupuncture, P.C., Respondent, v. Country-Wide Ins. Co., Appellant.

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

Decided October 9, 2019.

Attorney(s) appearing for the Case

Jaffe & Koumourdas, LLP ( Thomas Torto and Jason Levine , New York, NY, of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn, NY ( Stefan Belinfanti and David M. Gottlieb of counsel), for respondent.

Balkin, J.P., Roman, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for a determination of the amount of an additional attorney's fee to be awarded to the petitioner pursuant to Insurance Department Regulations (see 11 NYCRR 65-4.10[j][4]).

V.S. Care Acupuncture, P.C. (hereinafter V.S.), is the assignee of a claim for no-fault benefits for treatment it rendered to Morris Collins. The carrier, Country-Wide Ins. Co...

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