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ISLAND LIFE v. 21ST CENTURY

2020-651 KC.

74 Misc.3d 17 (2021)

158 N.Y.S.3d 524

2021 NY Slip Op 21340

ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC, as Assignee of Omari Barnes, Appellant, v. 21ST CENTURY INSURANCE COMPANY, Respondent.

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

Decided December 10, 2021.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC ( Damin J. Toell and Karina Barska of counsel) for appellant.

Law Offices of Buratti, Rothenberg & Burns ( Konstantinos Tsirkas of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is modified by providing that the branch of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the claim in the sum of $1,314 submitted on November 26, 2014, is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment...

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