East-West Acupuncture v Safeco Ins. Co. of Ind.

[*1] East-West Acupuncture v Safeco Ins. Co. of Ind. 2012 NY Slip Op 50621(U) Decided on April 4, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 4, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-1793 K C.

East-West Acupuncture as Assignee of SABATINA PRUDENT, Appellant,

against

Safeco Ins. Co. Of Indiana, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered February 9, 2010. The order granted defendant's motion for summary judgment dismissing the complaint on condition that, within 60 days, defendant serve and file the moving affidavit of Marcy Gonzalez accompanied by a certificate of conformity in compliance with CPLR 2309 (c).

ORDERED that the order is affirmed, without costs.

For the reasons stated in East-West Acupuncture as Assignee of Michael Cousins and Yves Prudent v Safeco Ins. Co. of Indiana (___ Misc 3d ___, 2012 NY Slip Op _____ [No. 2010-1700 K C], decided herewith), the order is affirmed. Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: April 04, 2012