Rehab. Medical Care of New York, P. C. v. Travelers Insurance

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and a new trial ordered.

*177This is an action by a medical provider to recover no-fault benefits for medical services performed on the insured. The insured assigned her claim to the plaintiff. The assignment provides as follows:

“In consideration of services rendered or to be rendered, I hereby assign to the provider of services and/or his/her assignees so much of my first party no-fault automobile insurance benefits and rights, attendant thereto, as shall equal the full amount of the bill for such services and the provider…