Acupuncture Solutions, P.C. v Encompass Home & Auto Ins. Co.

[*1] Acupuncture Solutions, P.C. v Encompass Home & Auto Ins. Co. 2015 NY Slip Op 50731(U) Decided on May 18, 2015 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 18, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570854/14

Acupuncture Solutions, P.C., a/a/o Shamel Campbell, Plaintiff-Respondent,

against

Encompass Home and Auto Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered November 14, 2013, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Appeal from order (Gerald Lebovits, J.), entered November 14, 2013, deemed, pursuant to CPLR 5517(b), to be taken from the subsequent order (same court and Judge), entered July 17, 2014, which, upon reargument, adhered to the original determination denying defendant's motion for summary judgment dismissing the complaint, and so considered, order reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly. (See Harmonic Physical Therapy v Encompass Home and Auto Ins. Co., appeal numbered 14-449, decided herewith.)

THIS CONSTITUTES THE ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 18, 2015