Celtic Medical P.C. v. Progressive Insurance

OPINION OF THE COURT

Howard S. Miller, J.

The defendant moves for summary judgment pursuant to CPLR 3212, dismissing the plaintiff’s claim. The underlying cause of action is one by plaintiff, a medical service provider, to recover monies due under a no-fault insurance claim from the defendant, who was the insurance company of plaintiff’s assignor.

*430For purposes of this motion, it is uncontested that medical services in the amount of $759.07 were rendered in November and early December of 2001 to Judith Rattan, plaintiffs assignor, for injuries allegedly arising out of an accident on November 24,…