Brooklyn Chiropractic Associates, P.C. v. Progressive Casualty Insurance

OPINION OF THE COURT

Memorandum.

Order, insofar as appealed from, modified by granting plaintiffs cross motion to the extent of remanding the matter to the court below for entry of an appropriate amended judgment in accordance with the decision herein; as so modified, affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the court granted plaintiffs motion for partial summary judgment and plaintiff was directed to settle the judgment. The judgment entered on August 3, 2004 awarded plaintiff the amount sought plus attorney’s fees and costs. The…