BLR Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co.

[*1] BLR Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. 2012 NY Slip Op 51769(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 This opinion is uncorrected and will not be published in the printed Official Reports.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
2011-558 K C.

BLR Chiropractic, P.C. as Assignee of CLARENCE ECHOLS, Respondent,

against

New York Central Mutual Fire Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered October 27, 2010. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in BLR Chiropractic, P.C. as Assignee of Katrina Sandberry v New York Cent. Mut. Fire Ins. Co. (__ Misc 3d __ , 2012 NY Slip Op [No. 2011-560 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Rios and Aliotta, JJ., concur. [*2]
Decision Date: September 05, 2012