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Proof insufficient to show bills were paid: motion deniedDecember 27, 2010

Davidov Med., P.C. v Firemans Fund Ins. Co., 2010 NY Slip Op 52220(U)(App. Term 2d Dept. 2010)

The first time the issue of whether a bill has been paid, sufficient to warrant the granting of a motion for summary judgment has been addressed.  Here is the monumental holding of the court:

“Upon a review of the record, we find that defendant did not make a prima facie showing that it had paid the four specific bills alleged by plaintiff in its complaint to be outstanding. Accordingly, defendant’s motion should have been denied”

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