Functional Physical Therapy, P.C. v Utica Mut. Ins. Co.
Annotate this CaseDecided on July 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2008-1122 K C.
Functional Physical Therapy, P.C. a/a/o MARY YOU and ANTOINETTE WALKER, Appellant,
against
Utica Mutual Ins. Co., Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Alice
Fisher Rubin, J.), entered July 10, 2007. The order granted defendant's motion for summary
judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
Order modified by providing that defendant's motion for summary judgment is denied; as so modified, affirmed without costs.
For the reasons stated in Andromeda Med. Care, P.C. v Utica Mut. Ins. Co. (___
Misc 3d ___, 2009 NY Slip Op_____ [Appeal No. 2008-505 K C, decided herewith]), the
order is modified by providing that defendant's motion for summary judgment is denied.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: July 24, 2009
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