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ALLEVIATION MED. SERVS., P.C. v. ALLSTATE INS. CO.

2017-09903. Index No. 53489/11.

191 A.D.3d 934 (2021)

143 N.Y.S.3d 395

2021 NY Slip Op 08159

Alleviation Medical Services, P.C., As Assignee of Ali al Rahabi, Respondent, v. Allstate Insurance Company, Appellant.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Peter C. Merani, P.C., New York, NY, for appellant.

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

Rivkin Radler LLP, Uniondale, NY ( Evan H. Krinick , Barry I. Levy , and Henry M. Mascia of counsel), for amici curiae New York Insurance Association, Inc., and Property Casualty Insurers Association of America.

Chambers, J.P., LaSalle, Barros and Christopher, JJ., concur.

Ordered that the order dated March 29, 2017, is affirmed, with costs.

In June 2011, the plaintiff commenced the instant action against the defendant in the Civil Court of the City of New York, Queens County, seeking to recover the sum of $4,748.69 for treatment provided to its assignor in April 2011, following a motor vehicle accident that occurred on October 20, 2010. The plaintiff alleged, among other things, that a no-fault claim and verification were sent to the...

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