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Modern Art Med., P.C. v GLI Corp. Risk Solutions
2013 NY Slip Op 52006(U) [41 Misc 3d 140(A)]
Decided on November 26, 2013
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 26, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-3024 K C.

Modern Art Medical, P.C. as Assignee of GUILLERMO VALLE, Appellant, —

against

GLI Corp. Risk Solutions, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered November 3, 2011. The order granted defendant's motion for summary judgment dismissing the complaint.


ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint. Upon a review of the record, we find that defendant failed to demonstrate its prima facie entitlement to summary judgment by submitting evidence in admissible form.

Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
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Decision Date: November 26, 2013