Queensborough Chiropractic, P.C. v Country-Wide Ins. Co.

[*1] Queensborough Chiropractic, P.C. v Country-Wide Ins. Co. 2009 NY Slip Op 52502(U) [25 Misc 3d 142(A)] Decided on May 8, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-378 Q C.

Queensborough Chiropractic, P.C. as assignee of ALVIN VICTOR, 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 January 22, 2008. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment.

Order affirmed without costs.

For the reasons stated in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith), the order is affirmed.

Pesce, P.J., and Rios, J., concur.

Golia, J., dissents in a separate memorandum.

Golia, J., dissents and votes to reverse the order, deny plaintiff's motion for summary judgment and grant defendant's cross motion for summary judgment for the reasons stated in his dissenting opinion in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co., ___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith).
Decision Date: May 08, 2009