Queens Chiropractic Mgt., P.C. v Country Wide Ins. Co.

[*1] Queens Chiropractic Mgt., P.C. v Country Wide Ins. Co. 2009 NY Slip Op 51075(U) [23 Misc 3d 142(A)] Decided on May 27, 2009 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2008-688 Q C.

Queens Chiropractic Management, P.C. a/a/o NURUS SIDDIQUE, Respondent,

against

Country Wide Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered December 26, 2007. The order denied defendant's motion to vacate the notice of trial and certificate of readiness.

Order reversed without costs and defendant's motion to vacate the notice of trial and certificate of readiness granted.

For the reasons stated in Queens Chiropractic Mgt., P.C. a/a/o Mohammad Seraz Islam v Country Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _______
[No. 2008-683 Q C], decided herewith), the order is reversed and defendant's motion to vacate the notice of trial and certificate of readiness is granted.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: May 27, 2009