A.B. Med. Servs., PLLC v American Tr. Ins. Co.

[*1] A.B. Med. Servs., PLLC v American Tr. Ins. Co. 2012 NY Slip Op 50767(U) Decided on April 25, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., NICOLAI and MOLIA, JJ
.

A.B. Medical Services, PLLC, LVOV ACUPUNCTURE, P.C. and RW HEALTH PLUS CHIROPRACTIC, P.C. as Assignees of FRITZNEL DuBUISSON, Appellants,

against

American Transit Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), dated January 25, 2011. The order denied plaintiffs' motion for leave to renew their prior motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, without costs.

For the reasons stated in A.B. Med. Servs., PLLC et al. as Assignees of Wilkens LaGuerre v American Tr. Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op ______ [No. 2011-714 N C], decided herewith), the order is affirmed.

Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: April 25, 2012