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TRANS MED v. COUNTRY WIDE INS.

2018-629 QC.

71 Misc.3d 11 (2020)

144 N.Y.S.3d 522

2020 NY Slip Op 20364

TRANS MEDICAL SUPPLY, INC., as Assignee of Robert Atkinson, Appellant, v. COUNTRY WIDE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided November 27, 2020.

Attorney(s) appearing for the Case

Glinkenhouse, Floumanhaft & Queen, by Glinkenhouse Queen ( Alan Queen and Stephen J. Green of counsel), for appellant.

Jaffe & Velazquez, LLP ( Jean H. Kang of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal is dismissed.

This action by a provider to recover assigned first-party no-fault benefits was settled by a two-attorney stipulation dated June 16, 2003. Defendant did not pay the settlement amount, and a judgment was entered on January 12, 2017, pursuant to CPLR 5003-a. Plaintiff subsequently moved, pursuant to CPLR 5019(a), in effect, to correct the January 12, 2017 judgment by recalculating...

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