Flushing Traditional Acupuncture, P.C. v GEICO Ins. Co.

[*1] Flushing Traditional Acupuncture, P.C. v GEICO Ins. Co. 2012 NY Slip Op 51767(U) Decided on September 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 5, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-374 K C.

Flushing Traditional Acupuncture, P.C. as Assignee of ROCHELLE SLATER-KEPPEL, Respondent,

against

GEICO Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered November 22, 2010, deemed from a judgment of the same court entered December 14, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 22, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,651.68.

ORDERED that the judgment is reversed, without costs, the order entered November 22, 2010 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Flushing Traditional Acupuncture, P.C. as Assignee of Anthony Keppel v GEICO Ins. Co. (__ Misc 3d __, 2012 NY Slip Op _____ [Appeal No. 2011-784 K C], decided herewith), the judgment is reversed, the order entered November 22, 2010 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary [*2]judgment dismissing the complaint is granted.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: September 05, 2012