Boai Zhong Yi Acupuncture Servs. P.C. v Progressive Cas. Ins. Co.

State: New York

Court: New York Northern District Court

Docket No: 2006 NYSlipOp 26485

Case Date: 11/28/2006

Plaintiff: Boai Zhong Yi Acupuncture Servs. P.C.

Defendant: Progressive Cas. Ins. Co.

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Supreme Court, Appellate Term, Second Department, November 28, 2006
APPEARANCES OF COUNSEL
Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.
{**14 Misc 3d at 35} OPINION OF THE COURT
Memorandum.
Order reversed without costs, plaintiff's motion for summary judgment granted, defendant's cross motion for summary judgment denied, and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.
In this action to recover first-party no-fault benefits for health care services provided its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amounts of the losses sustained, and that payment of no-fault benefits was overdue (see Insurance Law

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