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HEALTHPLUS SURGERY CTR., LLC v. AMERICAN TR. INS. CO.

2019-12871, Index No. 708027/18.

2022 NY Slip Op 02252

HEALTHPLUS SURGERY CENTER, LLC, ETC., Respondent, v. AMERICAN TRANSIT INSURANCE COMPANY, Appellant.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Law Offices of Peter C. Merani, P.C., New York, NY ( Adam Waknine of counsel), for appellant.

Baker & Cantin, P.C., Rego Park, NY ( Elyse R. Ulino of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Cheryl E. Chambers, Sheri S. Roman, Joseph A. Zayas, JJ.

In an action to recover no-fault benefits, the defendant appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered October 31, 2019. The order denied the defendant's motion for summary judgment dismissing the complaint.

DECISION & ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendant's motion which were for summary judgment dismissing so much...

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