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A.B. Med. Servs. v Eagle Ins. Co. (2003 NY Slip Op 23978)

Supreme Court, Appellate Term, Second Department, December 24, 2003
APPEARANCES OF COUNSEL
Amos Weinberg, Great Neck, for appellants. Samuel K. Rubin, Bethpage (Lawrence R. Miles of counsel), for respondent.
{**3 Misc 3d at 9} OPINION OF THE COURT
Memorandum.
Order unanimously modified by providing that plaintiffs' motion for summary judgment is granted to the extent of awarding it partial summary judgment in the sum of $10,635.26, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees, and for all further proceedings on the remaining portion of the claim in accordance with the decision therein; as so modified, affirmed without costs.
Plaintiffs commenced this action to recover $10,805.26 in assigned first-party no-fault benefits, plus interest and attorney's fees, pursuant to Insurance Law

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