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Exact Medical Services, P.C., Ny Direct Physical Therapy, P.C. and Point of Health Acupuncture, P.C. v. Allstate Insurance Co

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


February 2, 2012

EXACT MEDICAL SERVICES, P.C., NY DIRECT PHYSICAL THERAPY, P.C. AND POINT OF HEALTH ACUPUNCTURE, P.C.
AS ASSIGNEES OF JUSTINE BOFFA,
RESPONDENTS, --
v.
ALLSTATE INSURANCE CO.,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered July 9, 2010.

Exact Med. Servs., P.C. v Allstate Ins. Co.

Decided on February 2, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: WESTON, J.P., PESCE and RIOS, JJ

The order granted plaintiffs' motion to restore the action to the trial calendar.

ORDERED that the order is affirmed, without costs.

In this action by providers to recover assigned first-party no-fault benefits, the Civil Court granted plaintiffs' motion to restore the action to the trial calendar pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14 (c). The owner of plaintiff Exact Medical Services, P.C. was Dr. Ronald Collins, who passed away on September 15, 2008. Anna Val, Esq., was appointed as the administrator of the estate of Dr. Collins on September 9, 2009. Her role was to preserve the value of, and prevent loss to, the estate.

For the reasons stated in Eastern Star Acupuncture, P.C. v Allstate Ins. Co. ( Misc 3d , 2012 NY Slip Op [Appeal No. 2010-2113 Q C], decided herewith), the order is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur.

Decision Date: February 02, 2012

20120202

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